Program Terms and Conditions
1. Eligibility: The Coke&GO Offer (the "Program") is open to legal residents of the fifty (50) United States and the District of Columbia, 18 years old or older who have not yet downloaded the Coke&GO App at the time of entry. Employees and non-employee workers of The Coca‑Cola Company, Coca‑Cola bottlers, Momentum-NA, LLC, Merkle Inc., and their respective parent companies, subsidiaries, affiliates, and agents and those groups and agencies that are involved in the development or execution of this Program or any of its materials, and the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible. Void where prohibited.
2. How to Participate: From August 1, 2022 – July 31, 2023, when a Coca‑Cola Brand Ambassador is present and stationed at a Coca‑Cola Smart cooler (herein a “Smart Cooler”), eligible entrants will be invited to participate by taking the following actions:
(a) Use your smartphone to scan the QR code located on the Smart Cooler door. You will then be prompted to download the Coke&GO App from Google Play or the App Store.
(b) Open and create an account within the App by following the instructions to provide your email address and all other required information.
(c) Then, follow the instructions in the App, or follow the instructions on the Smart Cooler to use a credit or debit card, to purchase at least one (1) Coca‑Cola product found in the Smart Cooler. Once you have completed the purchase, the on-site Brand Ambassador will provide you with a reward (the “Offer”). Offer will be awarded immediately and may vary based on date and Smart Cooler location. Limit: One (1) item per person, regardless of the number of beverages purchased.
Multiple participants are not permitted to share the same email address or App. Any attempt by any participant to obtain Offers by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's Offer, and that participant may be disqualified.
3. Sponsor: The Coca‑Cola Company, One Coca‑Cola Plaza, Atlanta, GA 30313.
4. Release: By receipt of the Offer, participant agrees to release and hold harmless Sponsor, Coca‑Cola bottlers, Momentum-NA, LLC, Merkle Inc, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Program or receipt or use or misuse of the Offer.
5. Publicity: Except where prohibited, participation in the Program constitutes recipient’s consent to Sponsor’s and its agents’ use of recipient's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
6. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Program, 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 Program 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 Program 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. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the registration process or the Program; (4) technical or human error which may occur in the administration of the Offer or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program or receipt or use or misuse of any Offer.
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 Program or any Offer 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 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 entering this Program, 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 Program, 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.