Coca‑Cola
Freestyle Offer
TERMS
AND CONDITIONS
1. Eligibility: The Coca‑Cola Freestyle
Offer (the "Offer")
is open to legal residents of the 50 United States (or the District of
Columbia) who are 13 years of age or older at the time of participation.
Employees and
non-employee workers of The Coca‑Cola Company, Coca‑Cola bottlers, Merkle
Inc., and their respective parent companies, subsidiaries, affiliates, agents, and
the immediate family (spouse, parents, siblings, and children) and household
members of each such person are not eligible to participate. Void where prohibited.
2.
Sponsor: The
Coca‑Cola Company, One Coca‑Cola Plaza, Atlanta, GA 30313.
Administrator: Merkle Inc., 3000 Town Center, Suite 2100,
Southfield, MI 48075.
3. Timing: Offer begins on November
7, 2022 at approximately 10:00 a.m. Eastern Time
("ET") and ends on December 12, 2022 or when supplies are depleted,
whichever is earlier (the "Offer Period"). There are a total of
6,800 Amazon.com Gift Card (the “Reward”) available as of the start of this
Offer. Instagram and Twitter servers are the official time-keeping device for
the Offer.
4. How to
Participate:
Participation Requirements: To participate, you
will need to have an Instagram or Twitter account. Creating an account is free
but subject to the applicable terms: Instagram’s
Terms or Twitter Terms. If you are using a a
mobile device to participate, standard data charges from your wireless carrier
may apply.
You may participate once and therefore may participate
on either Instagram or Twitter, but not both platforms.
Actions to take on Instagram:
(a)
Follow
Sponsor (@cocacolafreestyle_us)
(b)
Locate Sponsor’s post advertising this Offer (“Offer
Post”)
(c)
Comment on Offer Post by at mentioning one (1)
friend with whom you have a personal relationship
(d)
There is no need to include any additional content
to your comment. However
if you chose to include additional content, it must not be indecent, obscene,
hateful, tortious, defamatory, libelous, contain material that violates or
infringes another’s rights, disparage Sponsor, or any other person or party, or
contain material that is unlawful in any way; and
(e)
You
must not change your Instagram handle once you comment and until you have received
the Reward is awarded (if you have qualified) as described in Section 5).
OR
Actions to take on Twitter:
(a)
Follow
Sponsor (@ccfreestyle)
(b)
Locate Sponsor’s Tweet advertising this Offer (“Offer
Tweet”)
(c)
Retweet Offer Tweet and add a comment tagging one (1)
friend with whom you have a personal relationship
(d)
There is no need to include any additional content
to your comment. However if you chose to include
additional content, it must not be indecent, obscene, hateful, tortious,
defamatory, libelous, contain material that violates or infringes another’s
rights, disparage Sponsor, or any other person or party, or contain material
that is unlawful in any way; and
(e)
Your
Twitter handle must be public at the time you Retweet
and your Twitter handle may not change and must remain public until you have received
the Reward is awarded (if you have qualified) as described in Section 5).
You may only participate one (1) time during
the Offer Period and are only eligible to receive one (1) Reward.
Multiple
participants are not permitted to share the same Twitter or Instagram account.
5. Reward
Offered: If you participate with a qualifying comment
or Retweet during the Offer Period and while supplies remain, you will receive
a private message that includes a link to a $3 Amazon.com Gift Card. Restrictions apply, see www.amazon.com/gc-legal. Limit:
one (1) Reward per person.
6. General
Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Offer, or any
part of it, if any fraud, technical failures, human error
or any other factor impairs the integrity or proper functioning of the Offer,
as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole
discretion to disqualify any individual it finds to be tampering with the
registration process or the operation of the Offer or to be acting in violation
of these Terms and Conditions or any other promotion or in an unsportsmanlike
or disruptive manner. Any attempt by any
person to deliberately undermine the legitimate operation of the Offer may be a
violation of criminal and civil law, and, should such
an attempt be made, Sponsor reserves the right to seek damages from any such
person to the fullest extent permitted by law.
Sponsor’s failure to enforce any term of these Terms and Conditions
shall not constitute a waiver of that provision.
7. Release and Limitations
of Liability:
Except where prohibited, by participating in the Offer, participant agrees to
release and hold harmless The Coca‑Cola Company, Coca‑Cola
bottlers, Administrator., Instagram Inc., Twitter,
Inc., and
their respective parents, subsidiaries, affiliates, promotional 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 or misuse of any Offer, code,
or coupon, including, but not limited to: (a) unauthorized human intervention
in the Offer; (b) technical errors related to computers, servers, Devices, providers,
printers or telephone, cellular, or network lines; (c) printing errors; (d)
errors in the administration of the Offer or the processing of registrations;
(e) late, lost, or undeliverable mail, text messages, or email; 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 Offer or receipt or
use or misuse 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.
8. Disputes: Except where
prohibited, participant agrees that: (1) any and all disputes, claims and causes
of action arising out of or connected with this Offer or any coupon awarded shall be resolved individually,
without resort to any form of class action, and exclusively by the United
States District Court for the Eastern District of Michigan (Southern Division)
or the appropriate Michigan State Court located in Oakland County, Michigan;
(2) any and all claims, judgments and awards shall be limited to actual
out-of-pocket costs incurred, including costs associated with participating in this
Offer, but in no event
attorneys’ fees; and (3) under no circumstances will participant be permitted
to obtain awards for, and participant hereby waives all rights to claim,
indirect, punitive, incidental and consequential damages and any other damages,
other than for actual out-of-pocket expenses, and any and all rights to have
damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity,
interpretation and enforceability of these Terms and Conditions, or the rights
and obligations of the participant and Sponsor in connection with the Offer, 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 (whether of the State of
Michigan or any other jurisdiction), which would cause the application of the
laws of any jurisdiction other than the State of Michigan.