Coca-Cola – Introducing Aha Instant Win Game Sweepstakes

Introducing AHA
Official Rules
NO PURCHASE REQUIRED TO ENTER OR WIN. TEXT MESSAGING IS NOT
REQUIRED FOR ENTRY. EACH TEXT MESSAGE SENT OR RECEIVED MAY INCUR
A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES
MAY APPLY. IF YOU ENTER VIA TEXT MESSAGING, YOU AGREE THAT
YOU ARE PROVIDING SPONSOR AND ADMINISTRATOR EXPRESS, WRITTEN
CONSENT FOR YOU TO RECEIVE UP TO 8 TEXT MESSAGES USING AUTOMATED
TECHNOLOGY IN RESPONSE TO YOUR ENTRY. TEXT MESSAGING MAY NOT BE
AVAILABLE THROUGH ALL WIRELESS CARRIERS. CONSENT IS NOT REQUIRED
TO BUY GOODS AND SERVICES.
1. Eligibility: Introducing AHA (the “Instant Win Game”) is open only to legal residents of the 50
United States (or the District of Columbia) who are 16 years of age or older at the time of entry.
Employees and non-employee workers of The Coca-Cola Company, Coca-Cola bottlers, Merkle
Inc., and their respective parent companies, subsidiaries, affiliates, agents and those prize
providers and agencies that are involved in the development or execution of this Instant Win Game
or any of its materials, and the immediate family (spouse, parents, siblings, and children) and
household members of each such person are not eligible. The Instant Win Game is subject to all
applicable federal, state, and local laws and regulations and is void where prohibited by law.
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. Agreement to Official Rules: By participating in the Instant Win Game, entrant fully and
unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and
Administrator, which are final and binding in all matters related to the Instant Win Game.
4. Promotion Period: The Instant Win Game begins at 12:00 a.m. Eastern Time (“ET”), August 1,
2020 and ends at 11:59 p.m. ET, October 31, 2020 (the “Promotion Period”). Administrator’s
computer is the official time-keeping device for this Instant Win Game.
5. How to Enter: There are 2 ways to enter:
a) Text-Messaging Method of Entry: During the Promotion Period, using a two-way
text-messaging capable device (each a “Device”), text AHA to the short code 26739.
Then, input the requested information to confirm your date of birth. If you are eligible,
you will receive 1 Instant Win Game play. If you wish to opt out, text STOP to 26739.
Text HELP to 26739 if you would like more information. Send questions to
questions@helloworldfulfillment.com. By texting AHA to 26739, you agree that you are
providing Sponsor and Administrator express, written consent for you to receive up to
8 text messages using automated technology in response to your entry related
to Introducing AHA. If you are a potential winner of an Instant Win Game prize, the
return text message that you receive will contain detailed prize claim instructions.
Message and data rates may apply. 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, Verizon Wireless, U.S. Cellular,
Sprint, Boost Mobile, Alltel, Cincinnati Bell, Cricket, and Metro PCS. Consent is not
required to buy goods and services. Your participation in the Instant Win Game
is subject to the Sponsor’s Privacy Policy, which can be viewed by visiting
https://us.coca-cola.com/privacy-policy/, as well as the Administrator’s Mobile
Terms and Conditions, which can be viewed by visiting
http://www.helloworld.com/terms.
b) Free Online Method of Entry: To enter without text messaging, during the Promotion
Period, visit www.cokeplaytowin.com/aha and follow the links and instructions to
complete and submit the registration form, including providing a valid email
address. You will automatically advance to the Instant Win Game page where you will
receive 1 Instant Win Game play. You will be instantly notified if you are a potential
winner of one of the Instant Win Game prizes.
Limit: 1 Instant Win Game play per person per day during the Promotion Period, regardless
of method or combination of methods of entry. Multiple participants are not permitted to
share the same email address or Device. Any attempt by any participant to obtain more
than the stated number of plays by using multiple/different email addresses, Devices,
identities, registrations or logins, or any other methods will void that participant’s plays and
that participant may be disqualified. Any use of robotic, repetitive, automatic, programmed
or similar play methods or agents (including, but not limited to, promotion entry services)
will void all plays by that entrant. In the event of a dispute as to any play, the authorized
account holder of the email address or Device used to play will be deemed to be the
entrant. The “authorized account holder” is the natural person assigned an email address
by an Internet access provider, online service provider or other organization responsible
for assigning email addresses for the domain associated with the submitted address.
Otherwise, the “authorized account holder” of a Device is the natural person in whose name
the Device has been issued and the services are billed. Potential winners may be required
to show proof of being authorized account holders.
6. ALL POTENTIAL INSTANT WIN GAME WINNERS ARE SUBJECT TO VERIFICATION BY
SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL
MATTERS RELATED TO THE INSTANT WIN GAME. AN ENTRANT IS NOT A WINNER OF
ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE OR EVEN IF
ENTRANT RECEIVES AN EMAIL MESSAGE SAYING HE OR SHE WON, UNLESS AND UNTIL
ENTRANT’S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER HAVE BEEN
VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU
OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE INSTANT WIN
GAME SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID,
AND WILL NOT BE HONORED.
7. Instant Win Game Prize Selection and Verification of Potential Winners: Potential winners
must comply with all terms and conditions of these Official Rules. Winning is contingent upon
fulfilling all requirements. Administrator is an independent judging organization whose decisions
as to the administration and operation of the Instant Win Game and the selection of potential
winners are final and binding in all matters related to the Instant Win Game. There will be 208
random, computer-generated winning times during the Instant Win Game Period, 1 for each of the
Instant Win Prizes listed below. If you are the first player to play the Instant Win Game at or after
one of the randomly-generated times, you will be a potential instant winner of the prize indicated.
If a potential winner entered via text messaging, he/she will be notified by phone and/or text
message at the phone number of the Device used to enter the Instant Win Game and he/she must
respond within 5 days with the requested contact information or forfeit the applicable prize. If the
potential winner entered online, he/she will be contacted by email and he/she must respond within
5 days with the requested contact information or forfeit the applicable prize. In the event that any
potential winner of a Grand or First Prize cannot be contacted, fails to provide contact information
in the required time frame, forfeits the prize, or is disqualified for any reason, Administrator will
select an alternate potential winner in a random drawing from among all remaining eligible entries,
up to 3 alternates. If the alternate potential winners are disqualified, the applicable prize will not be
awarded. Unclaimed or forfeited Second or Third Prizes will remain un-awarded. Prizes will be
fulfilled approximately 8 – 10 weeks after the end of the Instant Win Game.
8. Prizes:
2 GRAND PRIZES: A $100 Amazon.com Gift Card, terms and conditions apply. Approximate
Retail Value (“ARV”): $100.
6 FIRST PRIZES: A $50 Amazon.com Gift Card, terms and conditions apply. ARV: $50.
50 SECOND PRIZES: A $20 Amazon.com Gift Card, terms and conditions apply. ARV: $20.
150 THIRD PRIZES: A $10 Amazon.com Gift Card, terms and conditions apply. ARV: $10.
Restrictions apply, see amazon.com/gc-legal.
For All Prizes: Sponsor and Administrator are not responsible for complaints or issues regarding
unique links/digital codes (claims that unique link/digital code is invalid, insufficient, etc.) and winner
should address any such issues with the issuer of the unique link/digital code.
No substitution, exchange or transfer of prize by any winner. Sponsor reserves the right to
substitute any prize for one of equal or greater value. Odds of winning an Instant Win Game Prize
depend on the number of prizes available divided by the number of eligible Instant Win Game plays.
Each winner is responsible for all taxes and fees associated with prize receipt and/or use. Limit: 1
prize per person.
9. Publicity: Except where prohibited, participation in the Instant Win Game constitutes entrant’s
consent for Sponsor and its designees to use entrant’s name, prize information, likeness, city and
state of residence, video, voice, any comments, testimonials or other feedback related to prize or
Instant Win Game experience, whether written or oral, for promotional purposes in any media
without further consideration.
10. General Conditions: In the event that the operation, security, or administration of the Instant
Win Game is impaired in any way for any reason, including, but, not limited to, fraud, , outbreak of
widespread illness, pandemic, or other similar occurrence, technical failures, regularly-scheduled
maintenance, virus or other technical problem, the Sponsor may, in its sole discretion, either: (a)
suspend the Instant Win Game to address the impairment and then resume the Instant Win Game
in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Instant Win
Game and, in its discretion, award the prizes in a random drawing from among all eligible entries
received up to the time of impairment. 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 Instant
Win Game or to be acting in violation of these Official Rules or those of any other promotion, or in
an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate
operation of the Instant Win Game 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 Official Rules
shall not constitute a waiver of that provision.
11. Release and Limitations of Liability: Except where prohibited, by participating in the Instant
Win Game, entrants agree to release and hold harmless The Coca-Cola Company, Coca-Cola
bottlers, Merkle Inc., and their respective parents, subsidiaries, affiliates, promotional partners,
prize 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
Instant Win Game or receipt or use of any prize, including, but not limited to: (a) unauthorized
human intervention in the Instant Win Game; (b) technical errors related to computers, servers,
providers, printers or telephone or network lines; (c) printing errors or human error; (d) errors in the
administration of the Instant Win Game or the processing of registrations and game plays; (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 entrant’s participation in the Instant Win Game or
receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability
will be limited to the cost of entering and participating in the Instant Win Game and in no event shall
the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages
whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for
any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise
destroyed or corrupted, entrant’s sole remedy is another Instant Win Game play, if it is possible. If
the Instant Win Game, or any part of it, is discontinued for any reason, Sponsor, in its sole
discretion, may elect to hold a random drawing from among all eligible entries received up to the
date of discontinuance for any prize offered herein. No more than the stated number of prizes will
be awarded. In the event that production, technical, seeding, programming or any other reasons
cause more than the stated number of prizes as set forth herein to be available and/or claimed,
Sponsor reserves the right to award only the stated number of prizes by a random drawing among
all legitimate, un-awarded, eligible prize claims.
12. Dispute Resolution: You agree that any claim or dispute at law or equity that has arisen or
may arise relating in any way to or arising out of the Instant Win Game, the Official Rules, or the
Sponsor’s and/or Administrator’s Privacy Policy (including Mobile Terms and Conditions) will be
resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read
this section carefully. It affects your rights and will have a substantial impact on how claims you
and we have against each other are resolved.
You agree that whenever you have a disagreement with Administrator or Sponsor arising out of,
connected to, or in any way related to the Instant Win Game, the Official Rules, or the Sponsor’s
and/or Administrator’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 Official Rules or the Sponsor’s and/or Administrator’s Privacy Policy (including Mobile Terms
and Conditions). You must send the Demand to the following address (the “Notice Address”): Legal
Department, Merkle 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 on taking 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 or Sponsor,
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 Official Rules, or the Sponsor’s and/or Administrator’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 Official Rules, or the rights and obligations of the entrant, Administrator, and Sponsor in
connection with the Instant Win Game, 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.
This arbitration provision shall survive conclusion, modification or termination of the Instant Win
Game and suspension, revocation, closure, modification, or amendments to the Official Rules, the
Administrator’s Mobile Terms and Conditions, and any aspect of the relationship of the parties
relating to or arising from participation in the Instant Win Game.
13. Winner List: For a winner list, visit http://bit.ly/38jUMal. The winner list will be posted after
winner confirmation is complete.
14. Entrant’s Personal Information: Information collected from entrants is subject to Sponsor’s
Privacy Policy https://us.coca-cola.com/privacy-policy/.