Coca-Cola – Try Giving Your Coffee A Break Sweepstakes

Try Giving Your Coffee A Break Sweepstakes
Official Rules
NO PURCHASE OR SCAN 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: The Try Giving Your Coffee A Break Sweepstakes (the “Sweepstakes”) is
open only to legal residents of California and Nevada who are 18 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, and agents and those prize providers and agencies that are involved in the
development or execution of this Sweepstakes 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 Sweepstakes is subject to all applicable federal, state, and
local laws and regulations and is void outside CA and NV and 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 Sweepstakes, 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
Sweepstakes.
4. Promotion Period: The Sweepstakes begins at 12:00 a.m. Pacific Time (“PT”),
September 1, 2021 and ends at 11:59 p.m. PT, October 29, 2021 (the “Promotion
Period”). Administrator’s computer is the official time-keeping device for this
Sweepstakes.
5. How to Enter: There are 2 ways to enter:
a) Text Message Method of Entry: During the Promotion Period, using your 2-way
text-messaging-capable device (each a “Device”), scan the quick response (“QR”)
code included in advertising about this Sweepstakes. Once you scan the QR code,
you will be provided with a text message directing you to text the keyword COFFEE
to the short code 26739. Then, send the text, opt-in to the Sweepstakes and input the
requested information to confirm your date of birth. If you are eligible, you will
receive 1 entry into the Sweepstakes per text entry per day. 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 COFFEE 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 the Try Giving Your Coffee A Break Sweepstakes.
If you enter the Sweepstakes by text message, your wireless service provider’s text
message and data rates apply. Entrants should consult their wireless service
provider’s pricing plan for details. You agree to incur any and all charges demanded
by your wireless carrier. The Device that is used must be capable of sending and
receiving text messages. Entrants should check their Device’s features to see if they
have that capability and check the Device manual for specific use instructions. Entry
via text messaging may be limited and may not be available through all wireless
carriers or on all handsets. Supported carriers include AT&T , T-Mobile, Verizon
Wireless, UScellular, Sprint, Boost Mobile, Alltel, Cincinnati Bell, Cricket, and Metro
PCS. Consent is not required to buy goods and services. Your participation in
the Sweepstakes 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) Online Alternate Method of Entry: During the Promotion Period, visit
www.cokeplaytowin.com/cokecoffee and follow the links and instructions to complete
and submit the registration form, including providing a valid email address. You
automatically will receive 1 entry into the Sweepstakes.
Limit: 1 Sweepstakes entry per person per day during the Promotion Period, regardless
of method of entry. Multiple participants are not permitted to share the same email
address or Device. Any attempt by any participant to obtain more than 1 entry per day by
using multiple/different email addresses, Devices, identities, registrations or logins, or any
other methods will void that participant’s entries and that participant may be disqualified
from the Sweepstakes. Any use of robotic, repetitive, automatic, programmed or similar
entry methods or agents (including, but not limited to, sweepstakes entry services) will
void all entries by that entrant. In the event of a dispute as to any entry, the authorized
account holder of the Device or email address used to enter 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 the authorized account holders.
6. Drawings: Administrator is an independent judging organization whose decisions as to
the selection of the potential winners are final and binding. On or about November 1,
2021, Administrator will select the names of the potential winners in a random drawing of
all eligible entries received during the Promotion Period. The odds of winning a prize
depend on the number of eligible entries received during the Promotion Period.
7. Requirements of Potential Winners: Potential winners must continue to comply with
the Official Rules. Winning is contingent upon fulfilling all requirements. 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 Sweepstakes and he/she must
respond within 5 days with the requested contact and mailing information or forfeit the
applicable prize. If a potential winner entered online, he/she will be contacted by email,
mail or phone. Each potential winner will be required to sign and return to Administrator,
within 5 days of the date notice or attempted notice is sent, a Declaration of Compliance,
Liability & Publicity Release (“Declaration”) in order to claim his/her prize and to fulfill any
such other requirements as determined by Administrator. In the event that any potential
winner cannot be contacted, fails to complete the Declaration or provide any additional
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. Prizes will be fulfilled approximately
8 to 10 weeks after the conclusion of winner confirmation.
8. Prizes:
20 GRAND PRIZES: $1,000 in office supplies store gift cards, terms and conditions
apply. Approximate Retail Value: $1,000.
For All Prizes: 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. 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 Sweepstakes constitutes entrant’s
consent for Sponsor and its designees to use entrant’s name, likeness, prize information,
city and state of residence video, voice, any comments, testimonials or other feedback
related to prize or Sweepstakes 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
Sweepstakes is impaired in any way for any reason, including, but, not limited to, fraud,
outbreak of widespread illness, pandemic, or other similar occurrence, civil unrest, virus
or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the
Sweepstakes to address the impairment and then resume the Sweepstakes in a manner
that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes and
award the prizes in a random drawing from among all eligible entries received up to the
time of the 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
Sweepstakes or to be acting in violation of the Official Rules of this or any other
promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to
undermine the legitimate operation of the Sweepstakes 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
Sweepstakes, entrants agree to release and hold harmless The Coca-Cola Company,
Reyes Coca-Cola Bottling, L.L.C., Reyes Holdings, L.L.C., other 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 Sweepstakes or receipt or use of any prize, including, but not limited
to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related
to computers, servers, providers, printers or telephone, cellular networks, or network
lines; (c) printing errors or human error; (d) errors in the administration of the
Sweepstakes or the processing of entries; (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 Sweepstakes 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 Sweepstakes 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 Sweepstakes entry, if it is possible. If the Sweepstakes, 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 Sweepstakes, 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 Sweepstakes, 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 Sweepstakes, 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
Sweepstakes 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 Sweepstakes.
13. Winner List: For a winner list, visit https://bit.ly/3dc9VPY. The winner list will be posted
after winner confirmation is complete.
14. Participant’s Personal Information: Information collected from participants is subject to
the Sponsor’s Privacy Policy https://us.coca-cola.com/privacy-policy/.