My Coke Rewards Loyalty Program
TERMS AND CONDITIONS
(Updated December 20th, 2012)
PLEASE READ CAREFULLY. By participating, you agree to the following rules governing the My Coke Rewards Loyalty Program, 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 My Coke Rewards Loyalty Program
The My Coke Rewards Loyalty Program (the "Program") is a program sponsored by The Coca-Cola Company ("Sponsor") through which individuals can collect points by purchasing and entering codes from packages marked with "My Coke Rewards" on caps, labeling or other packaging of selected Coca-Cola Company brands ("Participating Brand Packaging"), or through other methods as may be added from time to time. Individuals may redeem their points for merchandise or other items of value, use their points to enter sweepstakes or instant win promotions, or donate their points at www.mycokerewards.com (the "Website") as more fully described below. Individuals can also accumulate points via vending, freestyle, and related programs.
B. Eligibility for Public
The Program is open to legal residents of any of the 50 United States (or the District of Columbia) who are 13 years or older at the time of enrollment. Some items for redemption may be available only to those of other ages (always older than 13, e.g. 18 or 21), as indicated in the reward description or promotion rules. The Program is provided to individuals only. Corporations, associations or groups may not participate. The Program is void where prohibited by law.
C. Eligibility for Those Related to The Coca‑Cola Company
Participation in Sweepstakes and Instant Wins
Neither employees nor their immediate families (as defined above), of any of the Coca-Cola Companies, ePrize, Inc., IBM Corporation, Fair Isaac Corporation their respective parent companies, subsidiaries, divisions, affiliates, and agents and agencies involved in any 2013 My Coke Rewards Sweepstakes ("Sweepstakes"), or 2013 My Coke Rewards Instant Win Game ("Instant Win Game"), are eligible to participate in any Sweepstakes or Instant Win Game of any kind offered by or through My Coke Rewards.
D. Duration of Program
The current phase of the Program begins at 12:00 a.m. Eastern Time ("ET") on January 1, 2013 and is scheduled to end at 11:59 p.m. ET on December 31, 2013 (the "Redemption Period"), but Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time. Codes may be entered beginning at 12:00 a.m. ET on January 1, 2013 until 11:59 p.m. ET on November 30, 2013 (the "Collection Period"), and participants will be able to redeem points at any time during the Redemption Period as set forth in Section F below. Participants can collect points by the methods set forth in Section E below. All points collected during previous phases of the Program are carried over into the current phase as of January 1, 2013, but Sponsor reserves the right to expire points from previous phases upon reasonable notice to Participant.
E. Enrolling in the Program
How to Create Your My Coke Rewards Account:
1. Individuals who are 13 years of age or older who meet the eligibility requirements and who do not already have a My Coke Rewards Account, which may have been created through a Branded Site, as defined below (herein referred to as an "Account"), or other Coca‑Cola Company site (e.g. Sprite.com) may enroll in the Program at the Website. To enroll, click on the "Register Now" or Facebook Connect link on the top of the page and follow the onscreen instructions to create an Account. An individual must have a unique, valid email address to create an Account. An individual who registers for an Account is an "Enrollee". The number of points collected by each such Enrollee will be recorded and tracked in the Enrollee’s Account.
2. From time to time, Sponsor may offer other promotions that use the My Coke Rewards functionality, points, and Accounts, but have a different appearance ("Branded Sites"; e.g. ArcticHome.com). When you register for a promotion on a Branded Site, you are creating an Account, if you do not already have one.
3. Limit: 1 Account per person, 5 Accounts per household and 10 Accounts per physical address, but only 1 Account per individual, under all circumstances. The person who is the authorized email account holder of the email address indicated when registering must provide date of birth information when registering for an Account and will be deemed to be the Enrollee. When an Enrollee redeems points, he or she will need to have a valid physical address linked to his or her Account. If Enrollee does not provide a physical address when required, or if his or her email address is deemed to be invalid, Sponsor reserves the right not to redeem the reward, to invalidate the entry or play, and/or to lock Enrollee's Account, in its sole discretion.
F. Entering Codes and Collecting Points
1. Collect points at any time during the Collection Period, by entering codes from Participating Brand Packaging, listed on the Website and updated from time to time. Codes may also be obtained through other methods as offered from time to time, including but not limited to, scratch cards, print pieces, or check-out coupons.
2. Locate the code on the product package (on the cup, under cap, inside package, etc.) or promotional item. Enter codes (a) on the Website and/or a Branded Site, (b) through text message with a text-messaging-capable device ("Device") by texting to "COKE" (2653), (c) on Facebook (Facebook.com/MyCokeRewards), or (d) on a Coke widget as described below:
(a) Website/Branded Site: Visit the Website or Branded Site during the Collection Period (or shorter period, if indicated on Branded Site) and follow the links and instructions to either register or Sign In and enter your codes.
(b) Text Messaging: Using a Device, send a text message with your code to the short code "COKE" (2653). If you have included the phone number of your Device in your Account enrollment profile, the points will be credited to your Account. If the phone number has not been included in your Account profile, you must link the Device to the Account within 72 hours or forfeit the codes and associated points. If you credit your Account via text messaging you will be charged according to your carrier's standard text-messaging rates and should contact your carrier for pricing plans and details. Each text message, sent or received, may incur a charge as provided in your rate plan. Message and data rates may apply. Once you have linked your phone number to your Account, if you enter codes via text messaging, you will receive 1 text message in response to each code entry, unless otherwise specified in the specific promotion. Text messaging may not be available through all wireless carriers.
(c) Facebook: Visit Facebook.com/MyCokeRewards during the Collection Period (or shorter period, if indicated on Branded Site) and follow the links and instructions to enter codes.
(d) My Coke Rewards Widget: Using a desktop computer, download the My Coke Rewards widget and follow the links and instructions to enter codes.
3. If you are an Enrollee, your Account will be credited with the points you have collected. Some methods may not be available during the entire Collection Period. Sponsor reserves the right to change, add, or remove the methods by which you can collect points.
4. Sponsor reserves the right to change the number of points awarded for purchases at any time during the Program. Points collected through other methods including but not limited to, scratch cards, codes in print, or codes on check-out coupons, may vary in value. Bonus Points are defined as (a) points collected by means other than entering codes from Participating Brand Packaging, such as points awarded as prizes, and/or (b) points collected from codes on Participating Brand Packaging that vary from the amounts listed on the Website, as the amounts may be amended from time to time.
5. Codes can only be used 1 time for the Program. Limit: Enrollees may accrue no more than 120 points, per week for valid codes from Participating Brand Packaging (except for Bonus Points, which have a separate limit of 2,000 points per Enrollee, per week). For purposes of this limit, a week is defined as beginning at 12:00 a.m. ET each Monday and ending at 11:59 p.m. ET the following Sunday. Bonus Points are not included in the 120 point per week limit. If an Enrollee were to enter 20 invalid codes on a given day, the Enrollee would be unable to enter any more codes that day. Regardless of method of accruing points, including prizes, an Enrollee may accrue no more than 10,000 points per week.
6. Enrollees may be invited to submit the names and email addresses of friends who are eligible to enroll in the Program. Each person referred by an Enrollee will receive an email solely notifying him or her about the Program. The email will be sent directly from the Enrollee to the friend and Sponsor will not collect information about the friend unless the friend later enrolls in the Program and provides the information. Enrollees may only refer persons with whom they have an existing relationship. For each referred person who enrolls in the Program within 14 days of the referral and collects 50 points from Participating Brand Packaging, the referring Enrollee will receive 10 points (up to a maximum of 50 points per month for referrals) which will be deposited in his/her Account. An email will not be sent to the referred friend if he or she is already enrolled in the Program, has been referred by another Enrollee within the past 14 days, or has previously opted out of receiving emails from Sponsor, in which case the referral is not valid for purposes of this section and the referring Enrollee will not receive any referral points.
7. It is a violation of the Program for anyone to purchase or otherwise acquire codes from third parties, to combine codes obtained by others for deposit into a single Account, and to transfer or sell codes under any circumstance, other than in programs authorized by Sponsor. Furthermore, corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating points for combined use. Any attempt to combine or transfer codes or points will result in Enrollee’s disqualification from the Program and forfeiture of all points in the Enrollee’s Account. Sponsor reserves the right to take any action it deems appropriate in its sole discretion in the event that it believes (in its sole discretion) that any Enrollee has violated any of these provisions.
8. Once an Enrollee inputs a code, the validation of the code and potential points earned will be subject to verification by an independent judging organization whose decisions on the outcome are in its sole discretion and are final and binding. Points will not be awarded until after the verification process is complete. Codes are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels; (b) any part of the code or the packaging or promotional item on which it is printed is counterfeit, altered, defective, tampered with or irregular in any way; or (c) obtained as the result of a sale or transfer which Sponsor, in its sole discretion, determines is in violation of these Terms and Conditions and the objectives of the Program. Valid points will appear in the Enrollee’s Account within 5 business days after verification is complete. If additional time is needed for any reason, Sponsor reserves the right in its sole discretion to award points in more than 5 days.
9. If an Enrollee believes that points were not properly accrued to his/her Account, the Enrollee must notify Sponsor by using the Customer Service Form, http://www.mycokerewards.com/mobile/faq.do, within 15 days of the date the code was entered on the Website.
10. Each Enrollee must save the bottle cap, product packaging, and/or promotional item with official code for at least 90 days after the date Enrollee enters the code on the Website, as it may be necessary to submit it later for verification. Sponsor further reserves the right to request proof that the code was obtained by Enrollee in compliance with these Terms and Conditions. In its sole discretion, Sponsor reserves the right to reverse points previously credited to an Enrollee’s Account, if, upon Sponsor’s request, a code or codes cannot be properly verified or if it is determined that the code or codes were not obtained in accordance with these Terms and Conditions and through legitimate channels. Sponsor’s decisions regarding the awarding of points are final and binding.
11. Enrollees may collect points in any of the manners set forth above during the Collection Period, as it may be extended or otherwise modified by Sponsor.
G. Redeeming Points
1. Enrollees may redeem their points for merchandise, discounts, sweepstakes entries, instant win plays, offers and other items of value (all, “Rewards”) listed in the “Rewards Catalog” section of the Website, while supplies last, or may donate their points to one of the organizations identified in the “Support a Good Cause” section of the Website or to a school in the My Coke Rewards for Schools Program. The Website will list the corresponding point values required to be redeemed for each item. Each Enrollee must comply with any individual Rewards limitations indicated on the Website. Periodically throughout the Redemption Period, Sponsor will modify the list of merchandise and other items available for point redemption. Sponsor reserves the right to modify the point value(s) for Rewards, at any time and for any reason, during the Redemption Period. All redemptions are subject to these Terms and Conditions and all limitations and/or requirements specified on the Website.
2. To spend/redeem points, navigate through the items listed on the Website. An Enrollee may choose any item still available for which he or she has accumulated sufficient points for redemption, then he or she must click on the image corresponding to the item and follow the links and instructions to complete the redemption process. As part of the redemption process, Enrollee will receive a confirmation email and when applicable, an email containing the actual item redeemed in the form of a digital code, coupon, etc. Emails will be sent to the email address assigned to the Enrollee’s Account.
3. Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly. Each Enrollee is responsible for ensuring that the mailing address associated with his/her Account is accurate and up to date. Sponsor is not responsible for non-receipt of a Reward that was shipped to the mailing address associated with an Enrollee’s Account. Changes to an Account or Account information may only be made by the Enrollee to whom the Account belongs. Sponsor is not responsible for any incorrect or inaccurate information supplied by any Enrollee participating in the Program.
4. All point redemptions for products are final. Refunds, exchanges and other issues regarding the product redeemed are governed by the vendor’s terms and conditions applicable to the purchase and are not the responsibility of Sponsor.
5. Enrollees may redeem points in the manner set forth above until December 31, 2013, at 11:59 p.m. ET (the end of the Redemption Period), unless the redemption period is extended or otherwise modified by Sponsor.
H. Inactivity and Forfeiture:
1. If an Enrollee’s Account has remained inactive for a period of 90 days or more, the Enrollee will forfeit any points remaining in the Account, without compensation. Failure to either credit points to an Account or redeem points from an Account constitutes inactivity for purposes of this condition.
2. At the end of the Redemption Period, Enrollee will forfeit any points remaining in his/her Account, without compensation (unless the Program is extended by Sponsor).
I. Modifications and Termination of the Program
Sponsor reserves the right to modify any of the Terms and Conditions set forth herein, including, but not limited to, the duration of the Collection Period and the Redemption Period, methods by which Enrollees may collect points, the eligible products to be purchased, the number of points associated with the purchase of eligible products or other activities, the number of points that may be redeemed through the Program, and any of the options made available to Enrollees with respect to their Accounts, at any time, with notice, even though these changes may affect an Enrollee’s ability to accrue or use his/her points. Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with notice, even though termination may affect an Enrollee’s ability to accrue or use his/her points. In the event of an early termination, Enrollees will have 30 days from date Program termination is announced to redeem their points. If the Program expires as scheduled, Enrollees will have until the end of the Redemption Period to redeem their points. An Enrollee’s continued participation in the Program constitutes the Enrollee’s acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable of any 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 and will supersede all previous versions of these Terms and Conditions.
J. General Terms and Conditions
1. The points have no cash value and are only redeemable for offered Rewards via the Program.
3. The Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Program 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 accumulated points. 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.
4. Sponsor reserves the right to rescind points credited to an 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 Program.
5. Points are not the property of an Enrollee and may be revoked at any time by Sponsor as set forth herein. Points may not be transferred or assigned, except in the My Coke Rewards School Program or as specifically permitted by Sponsor on the Website from time to time. All questions or disputes regarding eligibility for the Program, collecting or redemption of points, or an Enrollee's compliance with these Terms and Conditions will be resolved by the Sponsor in its sole discretion.
6. Enrollees are responsible for the payment of all taxes which may result from the reward(s) received as part of the Program.
K. 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 Program or utilized by the Enrollee, 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 the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither The Coca‑Cola Company, Coca-Cola bottlers, ePrize, 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 Program or the production or distribution of Program materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, 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 AN ENROLLEE ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE 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 Company, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by the Rewards Partners. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE COCA‑COLA COMPANY, COCA‑COLA BOTTLERS, COCA‑COLA REFRESHMENTS USA, INC., EPRIZE, INC., AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PARTNER, 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. Enrollees agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.
2. As a condition of participating in this Program, each Enrollee agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Oakland County, Michigan; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will any Enrollee be permitted to seek recovery for, and Enrollee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, 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 the Terms and Conditions, or the rights and obligations of Enrollee and the Sponsor in connection with the Program, 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 or provisions (whether of the State of Michigan, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan.
4. These Terms and Conditions constitute the entire agreement between Program 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.