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.