The Coca-Cola Company Digital Programs
Terms and Conditions
(Updated January 24, 2017)
PLEASE READ CAREFULLY. By participating, you agree to the following Terms and Conditions governing The Coca-Cola Company Digital Programs Website, including any changes that are made. The date above indicates the date of the most recent change in the Terms and Conditions.
A. Overview of The Coca-Cola Company Digital Programs
The Coca-Cola Company Digital Programs (the "Website") is a website sponsored by The Coca‑Cola Company ("Sponsor") through which individuals can participate in a variety of ways. On the Website, individuals can participate in a variety of special offers and can learn about other promotions through which they can interact with The Coca‑Cola Company, its products, customers, and partners. To participate in special offers on the Website, individuals must have or must create a Coke.com (or other Coca-Cola brand) account (each an “Account”). Each such person is an “Account Holder.” To create an account, visit https://us.coca-cola.com/home/ and click on the sign up link and follow the instructions to register for a Coke.com account. To create an account, you must have a unique, valid email address. Accounts cannot be shared. If you already have a Coke.com or My Coke Rewards account or other Coca‑Cola account, please use that. Limit: 1 account per person.
The Website is open to legal residents of any of the 50 United States (or the District of Columbia) who are 13 years or older and who are Account Holders before participating. Special offers on the Website and other activities (e.g., sweepstakes or instant win promotions) that may be available via the Website or accessed through links on the Website may be available only to those of other ages (always older than 13, e.g. 18 or 21), or only to residents of particular geographic areas (e.g., Florida only) as indicated in the terms/rules/instructions for the particular special offer or activity. Only individuals can participate. Corporations, associations or groups are not eligible. The Website is void where prohibited by law.
Employees, non-employee workers, and immediate family members (spouse, parents, siblings, children, and household members) of any of the Coca-Cola Company, Coca-Cola bottlers and their respective divisions, parents, subsidiaries and affiliates (“Coca-Cola Companies”) may participate in the Website, unless the specific Activity’s rules/instructions state otherwise.
Note: Attempted violation of this rule will result in disqualification from use of the Website and is grounds for disciplinary action, up to and including termination.
Employees of HelloWorld, Inc., Bunchball, Inc., Spredfast, Skybridge, Janrain, Inc., Candid Partners, Kula Causes, the Kula Foundation, SessionM, and any other agencies or companies involved in the development or execution of the Website and the immediate family (defined above) and household members of each such employee may not participate in the Website unless for business purposes only.
An individual must have a unique, valid email address to be create an account (see Section A, above).
Limit: Only 1 account per individual is permitted, under all circumstances. The person who is the authorized email account holder of the email address indicated when he or she registered must have provided his or her name and date of birth information when he or she registered for the account and is deemed to be the Account Holder. If an Account Holder is eligible for any special offer or prize via any special offer or activity on the Website, or for any other physical item, he or she will need to have a valid physical home address linked to his or her account. P.O. Boxes are not permitted. If an Account Holder does not provide a physical address when required, or if his or her email address is deemed to be invalid or is a duplicate email address for that person, Sponsor reserves the right not to fulfill the offer, prize, or other item, to invalidate the person's participation or win, and/or to lock, disable, block, or delete the person's account, in Sponsor’s sole discretion. Any attempt by any individual to exceed any specified limits by using multiple/different accounts, email addresses, identities, registrations and logins, or any other methods will void that individual’s offers, entries, prizes, and/or other items, and that individual may be disqualified from participating in any of the Sponsor’s promotions or programs. If your name, email address, date of birth, and/or address information associated with your account is not accurate, you may not be eligible to participate in an offer or to win a prize. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all offers, entries, and other items for that individual.
D. Special Offers
Sponsor may offer a series of special offers (each a "Special Offer") on the Website to those with accounts. Some Special Offers may require entry of a product code or specific action to participate. Details such as the action needed, the dates of Special Offer, the details of the gift, and any other relevant information will be disclosed within the announcement on the Website or in the email or however a Special Offer is announced.
E. Other Activities
The Website may include entry for or provide information about or links to other activities ("Activities") which may include, but are not limited to, contests, sweepstakes, instant win promotions, challenges, actions integrating social media tasks, the Coca‑Cola Vending Pass Program (terms and conditions located here: coke.com/vending/terms,) and opportunities to make donations to schools or other charitable organizations. Each such Activity will have specific rules or instructions which govern it and which specify the applicable prize(s), if any.
If a Special Offer or other Activity requires the entry of a product code, locate the code on packaging of any participating Coca‑Cola product (list located here: https://us.coca-cola.com/participating-brands/) (each, a "Code"). Follow the links and instructions to enter your Code where indicated. If a Special Offer or Activity requires you to enter more than one Code, you can allocate a Code or Codes toward the Special Offer or Activity and come back at a later date/time to enter the additional Code(s) needed to complete the Special Offer or Activity. If you do not come back to enter the remaining required additional Code(s) before the end of the Offer Period, while Offer supplies last or by the deadline for the Activity, you will forfeit any Codes that you had previously entered.
G. Modifications and Termination of the Program
Sponsor reserves the right to modify any of the terms and conditions or details set forth herein, including, but not limited to, the methods by which people may participate, at any time, with notice, which may be in the form of email, site updates, or the like, even though these changes may affect a person's ability to participate in Special Offers or other Activities. Sponsor reserves the right to terminate or temporarily suspend the Website at any time, for any reason, with notice, even though termination may affect a person's ability to participate in Special Offers or other Activities. If you continue to participate in the Website, you are acknowledging your acceptance of any and all changes to these terms and conditions. You are responsible for remaining knowledgeable of any and all changes that Sponsor may make to these terms and conditions. The most current version of these terms and conditions, which will indicate the date they were last updated, will be available on the Website, coke.com/offers, and will supersede all previous versions of these terms and conditions.
H. General Terms
2. The Sponsor reserves the right to discontinue the participation privileges of any person who engages in any fraudulent or unsportsmanlike activity, or uses the Website in a manner inconsistent with these terms and conditions, or with any federal, state or local laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accrued Special Offers, prizes, or other items that have not yet been received, awarded, redeemed, or utilized, including but not limited to the voiding of digital codes or e-cards. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. Further, Sponsor reserves the right to rescind Special Offers, prizes, or other items that have not yet been received, awarded, redeemed, or utilized, even if they have been credited to a person's account, which were obtained as a result of fraudulent or unsportsmanlike activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Website. Any such Special Offers, prizes, or other items that have not yet been received, awarded, redeemed, or utilized are not the property of an Account Holder and may be revoked at any time by Sponsor and/or its partners as set forth herein, and they may not be transferred or assigned, except as specifically permitted by Sponsor from time to time. All questions or disputes regarding eligibility for the Website, redemption of Special Offers, prizes, or other items, or a person's compliance with these terms and conditions will be resolved by the Sponsor in its sole discretion.
3. Participants are responsible for the payment of all taxes, if any, which may result from the Special Offers, prizes, or other items received as part of the Website, as applicable.
I. Limitation of Liability
1. The Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Website or utilized by any Account Holder, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access any website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error, neither The Coca‑Cola Company, Coca-Cola bottlers, IBM Corporation, Bunchball, Inc., Spredfast, Skybridge, Janrain, Inc., Candid Partners, Kula Causes, the Kula Foundation, SessionM, HelloWorld, Inc., nor their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Website or the production or distribution of Website materials (“Coca-Cola Parties”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE COCA-COLA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE WEBSITE OR SPECIAL OFFERS, MERCHANDISE, OR PRIZES OFFERED THROUGH THE WEBSITE, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES A PERSON ANY SPECIAL OFFER, PRIZE, OR OTHER ITEM, LIABILITY WILL BE LIMITED TO THE APPROXIMATE RETAIL VALUE OF THE APPLICABLE SPECIAL OFFER, PRIZE, OR OTHER ITEM. BY PARTICIPATING IN THE WEBSITE, A PERSON WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. THE COCA‑COLA PARTIES, ARE NOT RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTY, AND TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS AND/OR SERVICES OFFERED BY ANY RELATED THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Each Account Holder agrees to rely solely on the manufacturer's warranties, if any, for any Special Offers, prizes, or other items provided through the Website.
2. As a condition of participating in the Website, each Account Holder agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with the Website, or any Special Offers, prizes, or other items obtained through the Website, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the Rules of the American Arbitration Association. Arbitration will take place in Fulton County, Georgia; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Website, but in no event attorneys' fees; and (3) under no circumstances will any person be permitted to seek recovery for, and such person hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waives any and all rights to have damages multiplied or otherwise increased.
3. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or the rights and obligations of an Account Holder and the Sponsor in connection with the Website, 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 or provisions (whether of the State of Georgia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia; provided, however, that any issues or questions arising out of such person’s participation in a promotion governed by specific rules that provide for the application of the laws of another jurisdiction shall be governed by the law of the jurisdiction stated in those rules.
4. These terms and conditions constitute the entire agreement between Website participants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these terms and conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these terms and conditions, which will otherwise remain in full force and effect.