smartwater® Summer Sweepstakes

Official Rules

  • NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING.
  • VOID WHERE PROHIBITED BY LAW.
  • SKILL-TESTING QUESTION REQUIRED FOR CANADIAN RESIDENTS.
  • ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

These Official Rules were drafted in English, but may be translated into other languages.  In the event of any conflict or inconsistency between any translated version of the Official Rules and the English version of the Official Rules, the English version shall prevail, govern and control unless expressly prohibited by applicable law.

 

1. ELIGIBILITY: The smartwater Summer Sweepstakes (“Sweepstakes”) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia or Canada and who are at least eighteen (18) years of age as of time/date of entry. Residents of the U.S. must have a Coca‑Cola Account (which is free to create) before registering. Employees, officers and directors of The Coca‑Cola Company (“Sponsor”), pep promotions, Realtime Media LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively with Sponsor and Administrator, the “Sweepstakes Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. By participating, you agree to these Official Rules and to the decisions of the Sponsor and Administrator, which are final and binding in all respects. Void in any jurisdiction not listed above and where prohibited by law, rule or regulation.  By participating in the Sweepstakes, each entrant (or parent/legal guardian if entrant is older than 18 but still a minor in his/her place of residence) unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. 

 

2.  ENTRY PERIOD:  The Sweepstakes begins on or about 1:00 p.m. Eastern Time (“ET”) on June 16, 2023 and all entries must be received by the Sponsor on or before 12:59 p.m. ET on August 17, 2023 (the “Promotion Period”). The Promotion Period is divided into nine (9) weekly entry periods (each a “Weekly Entry Period”), as set forth in the table below and also three (3) trip entry periods (each a “Trip Entry Period”) also as set forth in the table below. Note that the end dates for the Trip Entry Periods are before the end of the Promotion Period.

 

Entry Period

Starts (at 12:00 am ET unless otherwise specified)

Ends (at 11:59 p.m. ET unless otherwise specified)

Approximate Drawing Date:

Prize

Weekly #1

6/16/23 at 1:00 pm ET

6/22/23

6/23/23

First Prize Premium Prize Pack

Weekly #2

6/23/23

6/29/23

6/30/23

Same as above

Weekly #3

6/30/23

7/6/23

7/7/23

Same

Weekly #4

7/7/23

7/13/23

7/14/23

Same

Weekly #5

7/14/23

7/20/23

7/21/23

Same

Weekly #6

7/21/23

7/27/23

7/28/23

Same

Weekly #7

7/28/23

8/3/23

8/4/23

Same

Weekly #8

8/4/23

8/10/23

8/11/23

Same

Weekly #9

8/11/23

8/17/23 at 12:59 p.m ET

8/18/23

Same

TRIP #1

6/16/23 at 1:00 pm ET

7/3/23

7/7/23

Joshua Tree Trip 8/3 – 8/6/23

TRIP #2

6/16/23 at 1:00 pm ET

7/16/23

7/20/23

San Miguel de Allende, Mexico 8/24 – 8/27/23

TRIP #3

6/16/23 at 1:00 pm ET

8/9/23 at 12:59 p.m ET

8/14/23

Crater Lake area, OR Trip 9/14 – 9/17/23

 

 

The designated computer clock of the Administrator is the official time-keeping device in the Sweepstakes.

3. HOW TO ENTER THE SWEEPSTAKES: To enter the Sweepstakes, during the Promotion Period, visit the Sweepstakes website at https://www.drinksmartwater.com/ (for the U.S.) or www.smartwatercanada.ca (for Canada) (each, the applicable “Website”) either directly or by scanning a QR code found in store, on social media, or in other advertising. The Website will contain a description of the Sweepstakes and the official entry form.  First, provide a valid email address (residents of the U.S. must use the email address associated with their Coca‑Cola Account). If you are a resident of the U.S., your information will be prepopulated for you, using the information from your Coca‑Cola account.  If you are a resident of Canada, you will need to confirm that you are eligible based on your age and that you agree to the Official Rules, as prompted. Then, select zero to three of the possible Trip Prizes for which you would like to be entered. You may select the “no travel option” if you only want to be entered for the travel accessories. If you do not select a particular Trip Prize, you will not be entered into the drawing for that Trip Prize. Once you have successfully registered and made your selection(s), you will receive one (1) entry into the Sweepstakes for your selected prize(s). Limit: one (1) registration per person across the entire Promotion Period.  You will earn an entry into the Sweepstakes drawing for the applicable Weekly Entry Period and any applicable Trip Entry Periods, if you selected the applicable Trip Prize as one of your options.

 

4. SWEEPSTAKES DRAWINGS/PRIZE CLAIMING: There will be twelve (12) winners selected in this Sweepstakes, one (1) First Prize winner for each Weekly Entry Period as described in Section 2, above, and one (1) Trip Prize winner for each Trip Entry Period from among all eligible entries received (who selected that Trip Prize) during the applicable dates of the Promotion Period. Non-winning entries will carry over into subsequent Weekly Entry Period drawings. Each potential winner will be selected through a random drawing on or about the date listed in the table above from among all eligible entries received for the applicable Entry Period, as well as any that carried over from earlier Entry Periods, in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners.  Decisions of the Sponsor as to the selection of the winners will be final and binding in all respects.   

5. ODDS: Odds of winning a Sweepstakes prize depend on the total number of eligible entries received for the applicable Entry Period.

 

6. WINNER NOTIFICATION: The potential winners will be notified using the information provided during the entry process, by any of email, telephone, mail, (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the applicable drawing. The Sweepstakes Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. As part of the winner notification process, each potential winner will be required to complete and submit a prize redemption form (“Redemption Form”) as a condition of receiving a prize. If any potential winner fails or refuses to sign and return such Redemption Form within two (2) days of date of notification, or if the Redemption Form is returned as rejected, faulty, unclaimed or returned as undeliverable to the potential winner, potential winner may be disqualified and an alternate may be selected. P.O. Boxes are not permitted. Sweepstakes Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages.

Each potential Trip Prize winner (or parent/legal guardian if entrant is older than 18 but still a minor in his/her place of residence) also will be required to sign and submit a declaration of eligibility/liability release, a COVID-19 Participation Release, and a publicity release (collectively, the “Declaration”) and return it within two (2) days of date of issuance before being eligible to receive his or her prize. If any potential winner fails or refuses to sign and return such Declaration within the required time period or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to the potential winner, potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award to an alternate winner.  Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If a potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit the prize and an alternate winner may be selected from among all remaining eligible entries for the applicable drawing, if time permits. No more than the stated number of prizes will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.

 

For Residents of Canada: Each selected entrant who is a potential winner of any prize must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill testing question (“Skill Testing Question”). If a selected entrant fails to correctly answer the Skill Testing Question, then they will be disqualfied and the prize may be awarded to an alternate winner selected in a random drawing from among all remaining eligible entries, if time permits.

7.   PRIZES/PRIZE RESTRICTIONS: There will be twelve (12) prizes awarded in this Sweepstakes, nine (9) First Prizes and three (3) Trip Prizes.

NINE (9) FIRST PRIZES (1 per Weekly Entry Period):  A premium item prize pack consisting of premium headphones, sleep mask, airtag, leather passport wallet, bucket hat, and a 20 fl. oz. bottle of smartwater, all details determined by Sponsor, in its sole discretion.

 

The Approximate Retail Value (“ARV”) of each First Prize is $450 (USD).

THREE (3) TRIP PRIZES: A trip prize package for winner and three (3) guests (must be 18 years or older) to travel to the specified destination on the specified dates, including round-trip, coach-class air transportation (subject to availability) from a major commercial airport nearest winner’s home, selected by Sponsor in its sole and absolute discretion, round-trip ground transportation between airport and lodging, 3 night’s accommodations at a predetermined short-term vacation rental property determined by Sponsor in its sole discretion and one (1) unconventional activity for winner and guests. Sponsor’s agent will  will organize, plan, and include the unconventional activity.  

Activities are as follows:

⦁     San Miguel De Allende- Hot Air Balloon Ride

⦁     Joshua Tree – Sound Bath + Astronomy Experience

⦁     Oregon – Crater Lake Encounter.

See additional details and disclosures below.

The total ARV of each Trip Prize is $17,000 (USD).  Actual retail value of each Trip Prize may vary depending on country of origin/point of departure, destination, travel dates and fare/rate fluctuations.  If the actual value of the prize is less than the stated ARV, the difference will not be awarded.  All travel arrangements must be made through the Sponsor or Sponsor’s designee.  Certain restrictions may apply.  The winner of a Trip Prize must travel as and when designated by Sponsor or the prize may be forfeited and an alternate randomly selected winner chosen.

The total ARV of all prizes in this Sweepstakes is $55,050 (USD).

Each Trip  Prize winner and his or her travel companions must travel together and on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. It is the responsibility of each Trip Prize winner and each of his or her companions to provide proper documentation (including government issued picture identification).  All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Sponsor in its sole and absolute discretion. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion.  Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles.  Travel must be booked at least three (3) weeks prior to travel. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes.  Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. The Trip Prize winners will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules.  The round trip air transportation element for each Trip Prize begins and ends at the point of departure.  Each Trip Prize is subject to seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto. If, in the judgment of Sponsor, air travel is not required due to winner’s proximity to Trip Prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the applicable Trip Prize winner. 

Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Trip Prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay.  No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor.  Additional prize award details and travel information to be provided to the Trip Prize winner at the time of winner confirmation. Each Trip Prize winner and his/her companions are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The Trip Prize winner may be required to provide a credit card at the time of hotel check-in. Winner’s travel companions must be at least eighteen (18) years old as of the date of departure. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen, or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.  All expenses not specifically mentioned herein, are not included as part of the prize package, and are solely the winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the Trip Prize winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges.  Transportation carrier and hotel regulations and conditions apply.  Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the winner.

8.     Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion.  All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his or her prize, the Sponsor may elect to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Prize winners will be solely responsible for all federal, state, provincial, and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used.  The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  Each Trip Prize winner will be required to provide Sponsor with a valid social security number or social insurance number  (if applicable, by winner’s country) before the prize will be awarded, for tax reporting purposes. An IRS Form 1099 or 1042-S may be issued in the name of Trip Prize winner (if applicable, by winner’s country), for the actual value of the prize received. Unclaimed prizes will be forfeited.  Prizes, if legitimately claimed, will be awarded.  The Sweepstakes Parties are not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address.  If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Parties will have no further obligation with respect to that prize or portion of the prize.  No more than the stated prizes will be awarded.  The Sweepstakes Parties are not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.  Limit of one (1) First Prize and one Trip Prize per person or household. First Prizes will be fulfilled approximately four (4) to six (6) weeks after the applicable drawing. The Trip Prize winners will be contacted regarding trip fulfillment as soon as possible after winner is confirmed at the end of the applicable Trip Entry Period. All trip winners including companions will need to agree to Modern Adventures terms & conditions linked here.

 

If, for whatever reason,any activity or experience associated with the prize is cancelled after the prize is awarded, Sponsor’s liability for the prize is limited only to the non- activity or experience portions of the prize.  No compensation will be paid in lieu of a cancelled activity or experience. Seat locations (if applicable) will be determined by Sponsor. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any tickets unless Sponsor consents in writing. In the event a prize winner (and/or his or her companions) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the applicable experience early.  Decisions regarding the conduct of the winner and guest in all aspects of their participation in the prize event/activity will be in the sole discretion of Sponsor, and any of Sponsor’s representatives and final and binding in all respects.  Winner and guest may be removed or disqualified from participating in any aspect of the prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act.  If a winner or guest who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, he/she may be removed from any premises relating to the prize and winner consents to such removal.

 

9. GENERAL: Subject to applicable law, each winner hereby expressly grants to the Sweepstakes Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Sweepstakes (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the prizes to the winners. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Sweepstakes Parties do not assume any responsibility for any disruption in the Sweepstakes, including, but not limited to, the failure or interruption of any social media platform, Website, or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Sweepstakes Parties and may be changed from time to time without notice.  In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

10.  CONDUCT: The Sweepstakes Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Sweepstakes Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Sweepstakes, or to be acting in any manner deemed by the Sweepstakes Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Sweepstakes Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

11.  WAIVERS AND DISCLAIMERS: The Sweepstakes Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Sweepstakes-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then the Sweepstakes Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the Sweepstakes Parties will award the prizes from among all non-suspect, eligible entries received for the Sweepstakes up to the time of such action.

12.  RELEASES: To the extent permitted by applicable laws, rules or regulations, all participants, as a condition of participation in this Sweepstakes, agree to release, discharge, indemnify and hold harmless the Sweepstakes Parties and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, death, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Sweepstakes (including travel to/from any Sweepstakes activity or participation in any experience or activity), (ii) the receipt, ownership, use or misuse of the prize awarded, including any travel or activity associated with any prize, (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) participant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize.

 

13.  GOVERNING LAW AND LIMITATION OF LIABILITY:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

 

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

14.  DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in the State of Georgia, and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in the State of Georgia. The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of Georgia. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

15.  ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules.  Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. By participating in the Sweepstakes, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at Privacy Policy (coca-cola.com) (for U.S.) and https://www.coca-cola.ca/policies/privacy-policy (for Canada). In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.

16.  MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Declaration will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Declaration is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. 

17.  WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by October 17, 2023 to: smartwater® Summer Sweepstakes - Winners List Request, c/o Realtime Media, 1001 Conshohocken State Road, Suite 2–100, West Conshohocken, PA 19428, U.S.A..

18.  SPONSOR: The Coca‑Cola Company, One Coca‑Cola Plaza SE, Atlanta, GA 30313, U.S.A. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.

19.  ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, Suite 2–100,

West Conshohocken, PA 19428, U.S.A.; https://www.rtm.com/https://privacy.rtm.com/PrivacyPolicy.pdf