MLB® Coke Zero Sugar Shutout Digital Offer

MLB® Coke Zero Sugar Shutout Digital Offer

Terms and Conditions

NO PURCHASE REQUIRED TO PARTICIPATE. EACH TEXT MESSAGE SENT OR RECEIVED MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES MAY APPLY. IF YOU PARTICIPATE BY TEXTING SHUTOUT TO 2653, YOU ARE PROVIDING SPONSOR AND ADMINISTRATOR EXPRESS, WRITTEN CONSENT FOR YOU TO RECEIVE UP TO 2 TEXT MESSAGES USING AUTOMATED TECHNOLOGY IN RESPONSE TO YOUR PARTICPATION INCLUDING A TEXT MESSAGE CONTAINING YOUR COUPON. TEXT STOP TO 2653 TO OPT OUT AND TO DISCONTINUE FURTHER PARTICIPATION IN THIS OFFER. TEXT MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS. WIRELESS CARRIERS DO NOT GUARANTEE THAT TEXT MESSAGES WILL BE DELIVERED AND WILL NOT BE LIABLE FOR DELAYED OR UNDELIVERABLE MESSAGES. CONSENT IS NOT REQUIRED TO BUY GOODS AND SERVICES. Your participation in the Offer is subject to the Sponsor's Privacy Policy which can be viewed at http://www.coca-cola.com/tcccprivacypolicy  as well as Sponsor’s Mobile Terms and Conditions, which can be viewed at https://us.coca-cola.com/mobile-terms-of-use/

 

1.         Eligibility: The MLB Coke Zero Sugar Shutout Digital Offer (the “Offer”) is open only to legal residents of the 50 U.S. (or D.C.) who are 18 years of age or older at the time of participation. The Offer is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. By participating in the Offer, each participant fully and unconditionally agrees to and accepts these Terms and Conditions and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Offer.

 

2.         Offer Period: The Offer begins at 12:00 p.m. Eastern Time ("ET"), October 3, 2017 and ends at 11:59 p.m. ET, November 2, 2017 (the "Offer Period"), but is only active starting at 9:00 a.m. ET the business day after an MLB Postseason shutout game, for 24 hours or until supplies are depleted, whichever comes first (each a “Shutout Offer Period”). Sponsor’s computer is the official time-keeping device for this Offer. Sponsor reserves the right to end the Offer, or extend it, at any time, in its sole discretion. If there are no shutout games, see below, there will be no Shutout Activations/Period and no Offer. 

 

3.         How to Participate: During the Offer Period, if there is a shutout in a postseason MLB game, a Shutout Activation/Period will begin at 9:00 a.m. ET the following business day (Monday if the shutout occurs on a Friday after 2:00 p.m. ET, Saturday or Sunday) and will last for 24 hours or once supplies are depleted, whichever comes first. If there is a shutout game, beginning at 9:00 a.m. ET on the next business day (Monday if the shutout occurs on a Friday after 2:00 p.m. ET, Saturday or Sunday), using a two-way text-messaging capable device (each a "Device"), text SHUTOUT to the short code 2653 and if you are one of the first 15,000 people to do so for the applicable Shutout Activation/Period, you will receive one coupon, delivered to your Device, valid for one free 20 fl. oz. Coke Zero Sugar beverage at participating 7-Eleven stores. Coupon expires 11/30/17. Terms and conditions of coupon apply. Approximate Retail Value of coupon: $1.89. Limit: 1 coupon per person or Device during the Offer Period. If you participate, you agree that you are providing Sponsor and Administrator express, written consent for you to receive up to 2 text messages from short code 2653 using automated technology in response to your participation.  Message and data rates apply.  Text STOP to short code 2653 to opt out and to discontinue further participation in this Offer.  Consent is not required to buy goods and services. Check your owner’s manual for specific text-messaging instructions.  Text messaging may not be available through all wireless carriers. Supported carriers include AT&T™, T-Mobile®, Virgin Mobile, Verizon Wireless, NTelos, U.S. Cellular, Sprint, Boost, Cincinnati Bell, C-Spire Wireless, CellCom and ClearSky.  The wireless carriers do not guarantee that text messages will be delivered and will not be liable for delayed or undelivered messages.  Your participation in the Offer is subject to the Sponsor's Privacy Policy, which can be viewed by visiting http://www.coca-cola.com/tcccprivacypolicy as well as Sponsor’s Mobile Terms and Conditions, which can be viewed at https://us.coca-cola.com/mobile-terms-of-use/

 

4.         General Conditions: In the event that the operation, security, or administration of the Offer is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Offer to address the impairment and then resume the Offer in a manner that best conforms to the spirit of these Terms and Conditions; or (b) cancel, shorten, or extend the Offer in its sole discretion. The 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 Offer or to be acting in violation of these Terms and Conditions, or in an unsportsmanlike or disruptive manner.  Any attempt by any person to undermine the legitimate operation of the Offer may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  The Sponsor's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. 

 

5.         Release and Limitations of Liability: Except where prohibited, by participating in the Offer, participants agree to release and hold harmless The Coca‑Cola Company, Coca‑Cola bottlers, Major League Baseball, Koupon Media, 7-Eleven, Inc., HelloWorld, Inc., and their respective parents, subsidiaries, affiliates, promotional partners, offer partners, agents and agencies, and the officers, directors and employees of them (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Offer or receipt or use of any coupon, including, but not limited to: (a) unauthorized human intervention in the Offer; (b) technical errors related to computers, servers, providers, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Offer or the processing of text messages; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Offers or receipt of any coupon.  Participant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Offer and in no event shall the Released Parties be liable for attorney’s fees.  Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.  If, for any reason, an participant’s text message is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is a coupon, if it is possible.  No more than the stated number of coupons will be awarded.  In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of coupons as set forth herein to be available and/or claimed, Sponsor reserves the right to award only the stated number of coupons in any manner that it sees fit.   

 

6.         Disputes: You agree that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Offer, the Terms and Conditions, or the Sponsor's Privacy Policy (including Mobile Terms and Conditions), you will send a written notice to the Administrator (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms and Conditions or the Sponsor's Privacy Policy (including Mobile Terms and Conditions). You must send the Demand to the following address (the “Notice Address”): Legal Department, HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend to take legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you, Administrator, and Sponsor to litigate claims in court and you, Administrator, and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.  The place of arbitration shall be Oakland County, Michigan.

 

You agree that you will not file a class action or collective action against Administrator, Sponsor, or the Released Parties, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Terms and Conditions, or the Sponsor's Privacy Policy (including Mobile Terms and Conditions), if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with you to arbitration before the Arbitrator.

 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant, Administrator, and Sponsor in connection with the Offer, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, 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. 

7.         Sponsor: The Coca‑Cola Company, One Coca‑Cola Plaza, Atlanta, GA 30313.  Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.