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My Coke Rewards Loyalty Program


TERMS AND CONDITIONS


(Updated January 1, 2012)


PLEASE READ CAREFULLY. By reviewing these Terms and Conditions, clicking "I Agree" on the registration page, and participating, you agree to the following rules governing the My Coke Rewards Loyalty Program.  


A. Overview of the My Coke Rewards Loyalty Program


1. My Coke Rewards Loyalty Program (the "Program") is a loyalty 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 Brands"), available while supplies last, or through other methods as may be added from time to time.  Individuals can then visit www.mycokerewards.com (the "Website"), or text message the code with a text-messaging-capable device to "COKE" (2653), or visit the mobile website at mycokerewards.com/mobile to have their accounts credited with the points they have collected.  Participants who credit their accounts via text messaging will be charged according to their carrier's standard text-messaging rates and should contact their carrier for pricing plans and details. Text messaging may not be available through all wireless carriers.  Sponsor, in its sole discretion, may allow codes from other promotions, subject to certain limitations, to be used in this Program from time to time.  


2. Individuals may redeem their points for merchandise or services available at the Website and at the websites of My Coke Rewards Partners ("Partners").


B. Eligibility


The Program is open to legal residents 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) from time to time, as indicated in the reward description. The Program is void where prohibited by law.


1. Employees and non-employee workers of The Coca-Cola Company,     Coca-Cola bottlers, Coca-Cola Refreshments USA, Inc., and their respective related companies, parents, subsidiaries, and affiliates may participate under the following conditions: 1) they must enroll for the Program using their company email address if one was provided to them; and 2) the total number of points a My Coke Rewards member can redeem in the current Redemption Period is capped at 2,000. Note: Attempted violation of this rule will result in disqualification from the Program and is grounds for disciplinary action. Employees and non-employee workers of The Coca-Cola Company, Coca-Cola bottlers, Coca-Cola Refreshments USA, Inc., ePrize, LLC, their respective parent companies, subsidiaries, affiliates, and agents and agencies involved in any 2012 My Coke Rewards Sweepstakes ("Sweepstakes"), or 2012 My Coke Rewards Instant Win Game ("Instant Win Game"), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible to participate in any Sweepstakes, Instant Win Game or Contest of any kind offered by My Coke Rewards.


2. Members of immediate family (spouse, parents, siblings, and children) and household members of employees or non-employee workers of The Coca‑Cola Company, Coca-Cola bottlers, Coca-Cola Refreshments USA, Inc. and their respective related companies, parents, subsidiaries, affiliates, and agents may participate under the condition that the total number of points that each My Coke Rewards member can redeem per Account (as defined and subject to the limitations in Section D below) in the current Redemption Period is capped at 2,000.


3. Employees of ePrize, LLC, IBM Corporation, Fair Isaac Corporation and any other agencies or companies involved in the development or execution of the Program and the immediate family (spouse, parents, siblings, and children) and household members of each such employee may not participate in the Program.


C. Duration of Program


1. The current phase of the Program begins at 12:00 a.m. Eastern Time ("ET") on January 1, 2012 and is scheduled to end at 11:59 p.m. ET on December 31, 2012 (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, 2012 until 11:59 p.m. ET on November 30, 2012 (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, 2012, but Sponsor may expire points from previous phases upon reasonable notice to Participant.   


D. Enrolling in the Program


1. Individuals who are 13 years of age or older who meet the eligibility requirements may enroll in the Program at the Website.  To enroll, click on the "Register Now" or Facebook Connect links on the top of the page and follow the onscreen instructions to create a My Coke Rewards Account ("Account") (see Section D (2) below) or sign in using an existing email address and password from any other Coca‑Cola account. Once participants register their existing email addresses in the promotional section of the Website or register for new Accounts, they will be enrolled in the program (each an "Enrollee"). The number of points collected by each such Enrollee will be recorded and tracked in the Enrollee’s Account.


2. How to Create Your My Coke Rewards Account: Once on the Website, individuals who do not already have an existing account on another Coca‑Cola website or a My Coke Rewards account, can click on the "Register Now" or Facebook Connect links and follow the instructions to create an Account. An individual must have a unique, valid email address to create an Account.  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 the Enrollee.


E. Collecting Points


1. Collect points at any time during the Collection Period, by purchasing and entering codes from Participating Brands and Packaging, available while supplies last. Participating Brands and Packaging, along with the associated point values, will be 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. Locate the code on the product package (on the cup, under cap, inside package, etc.) or promotional item. Go to the Website during the Collection Period (or shorter period, if indicated) and follow the links and instructions to either register by clicking on the "Register Now" or Facebook Connect links (as set forth above) or Sign In (if you already have registered) at the top of the page.  After registering/signing in, enter codes in the box where indicated at the top of the page. Once registered online, if you have included the phone number of your mobile device in your Account enrollment profile, you may also submit codes via text message. Using a text-messaging-capable device, send a text message with your code to the short code "COKE" (2653) to have your Account credited. You may also enter codes through your mobile device at mycokerewards.com/mobile. Enrollees will collect points for Participating Brands and Packaging during the Collection Period as indicated on the Website.


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 as disclosed on the promotional material itself.  Bonus Points are defined as (a) points collected by means other than entering codes from Participating Brands and Packaging and/or (b) points collected from codes on Participating Brands and Packaging that vary from the amounts listed on the Website, as the amounts may be amended from time to time.    


2. Individuals may enter codes via text-messaging-capable devices before enrolling in the Program (or before updating their Enrollment profiles with their mobile device phone numbers) by following the text-messaging instructions set forth in Section E (1) above. If an individual enters a code via text messaging prior to enrolling in the Program, the phone number of the device from which the code was sent and the corresponding code/point value will be stored in the Program’s system for 72 hours. In order to credit an Account with codes under this method, participants must enroll in the Program as set forth in Section D above, or, if already enrolled, update their profiles with their mobile device phone numbers, within the 72 hour period after text messaging the code(s) from the Participating Brands and Packaging. Failure to enroll and/or update the profile within 72 hours will result in forfeiture of the code(s) and the associated points. Any subsequent attempt by an Enrollee to credit his/her Account with the code(s) will be unsuccessful.


3. Codes can only be used 1 time for the Program. Limit: Enrollees may accrue no more than 120 points per Account, per week for valid codes from Participating Brands and Packaging (except for promotional codes, which have a separate limit of 2,000 points per Account, 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.


4. Enrollees will be invited to submit the names and email addresses of friends who are eligible to enroll in the Program. Each person that an Enrollee refers 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.   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 (exclusive of any Points which are collected through the use of promotional codes), 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.


5. Enrollees may not purchase or otherwise acquire codes from third parties and may not combine codes obtained by others for deposit into a single Enrollee’s account. Enrollees may not transfer or sell codes under any circumstance, other than in programs authorized by Sponsor.  Any attempt to combine or transfer codes or points will result in 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.


6. Sponsor reserves the right to change, add, or remove the methods by which Enrollees can collect points. Enrollees are responsible for the payment of all taxes which may result from the reward(s) received as part of the Program.


7. 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. The 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.


8. 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/faqs.do, in the Program within 15 days of the date the code was entered on the Website.


9. Enrollees 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 reserves the right to require proof, including, but not limited to, the cap or product packaging or promotional item, and 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 Enrollees' Accounts, if, upon Sponsor request, codes cannot be properly verified.  Sponsor’s decisions regarding the awarding of points are final and binding. If Sponsor determines that previously-verified and codes are invalid for any reason, Sponsor reserves the right to remove the applicable credited points from the Enrollee's Account.


10. Enrollees may collect points in the manner set forth above during the Collection Period, unless extended or otherwise modified by Sponsor.


F. Redeeming Points


1. Enrollees may redeem their points for merchandise, discounts, sweepstakes entries, instant win plays, offers and other items of value (“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 (or a Partner’s website) will list the corresponding point values required to be redeemed for each item. Enrollees must comply with individual Rewards limitations where indicated on the Website (or a Partner’s 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 your points, navigate through the items listed on the Website or listed on any Partner’s website.  By linking to select Partner websites, your enrollment profile information may be shared with that Partner and will be governed by that website’s privacy policy. You can choose any item still available for which you have accumulated sufficient points for redemption.  Click the Image corresponding to the item you wish to redeem and follow the links and instructions to complete the redemption process. As part of the redemption process, you will receive a confirmation email and when applicable, an email containing the actual item you have redeemed in the form of a digital code, coupon, etc. Emails will be sent to the email address assigned to the Enrollee’s Account. Redemptions that take place on a partner’s website may require the Enrollee to make an initial purchase or to pay fees, such as tax and shipping. A valid credit card may be required to complete the redemption process in these cases. 


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 Accounts or Account information may only be made by the Enrollee to whom the Account belongs.


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. 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.


6. At the end of the Redemption Period, Enrollee will forfeit any points remaining in his/her Account, without compensation (unless the Program is extended as set forth in Section F7 below). The points have no cash value and are only redeemable for offered Rewards via the Program.


7. Enrollees may redeem points in the manner set forth above until December 31, 2012, at 11:59 p.m. ET (the end of the Redemption Period), unless extended or otherwise modified by Sponsor.


G. Modifications and Termination of the Program


1. 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 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 purchases through which Enrollees may collect points, 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. 


2. 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.


3. 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 at the Website and will supersede all previous versions of these Terms and Conditions.


H. General Terms and Conditions


1 To learn how the personal information collected in connection with the Program may be used, participants should read Sponsor's Privacy Policy for the Website which is available at http://www.mycokerewards.com/privacyPolicy.do.  The terms of Sponsor's Privacy Policy for the Website are incorporated herein by reference.


2. 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.


3. Sponsor reserves the right to rescind points credited to an Account which were obtained as a result of fraudulent 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.


4. The Program is provided to individuals only. 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.  


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. 


6. Sponsor is not responsible for any incorrect or inaccurate information supplied by any Enrollee participating in the Program.


7. 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.


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 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, Coca‑Cola Refreshments USA, Inc., ePrize, LLC, 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, LLC, 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. Program participants 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.


5. 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.


 


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