Bottles for Benefits - ePrize

Transcription

Bottles for Benefits - ePrize
BOTTLES FOR BENEFITS
Terms and Conditions
Last Updated 7/1/15
1. Introduction: During the period beginning at 12:00 p.m. Eastern Time ("ET"), December
11, 2014 and ending at 11:59 p.m. ET, June 30, 2016 (the "Program Period") The
Coca-Cola Company ("Sponsor"), in conjunction with HelloWorld, Inc. ("Administrator")
and various Coca-Cola bottlers will offer a fundraising program called Bottles for Benefits
(the "Program"). The Program will be governed by these Terms and Conditions. The
Administrator’s computer is the official time-keeping device for this Program.
Sponsor reserves the right to update, extend, modify or terminate the Program at
any time. Participation is subject to these Terms and Conditions which will change
from time to time. The date of the latest revisions is above. Participating products
are updated each July. There are pricing updates that will also take into effect on
July 1, 2016 and will be applied to all orders with a delivery date of July 1, 2016 or
later.
2. Eligibility: The Program is open only to individuals who are legal residents of one of the
50 United States (or the District of Columbia) and who are 13 years of age or older at the
time of participation. The Program is subject to all applicable federal, state, and local
laws and regulations and is void where prohibited by law.
3. Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313.
4.
Administrator: HelloWorld, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
5. Agreement to Terms and Conditions: By participating in this Program in any way, each
participant fully and unconditionally agrees to and accepts these Terms and Conditions
and the decisions of the Sponsor and Administrator, which are final and binding in all
matters related to the Program.
6. How to Participate:
a. Fundraising Owner: During the Program Period, visit cocacolabottlesforbenefits.com
or coca-colabottlesforbenefits.com and complete and submit the registration form to set
up a fundraiser (each a "Fundraiser"). The person who creates the Fundraiser is the
"Fundraising Owner" and is responsible for recruiting people to sell Sponsor's bottle
products ("Product") for the Fundraiser. Each such person is a "Fundraising Participant."
The Fundraising Owner's zip code will determine which Product can be sold as part of the
Fundraiser. The Fundraising Owner must select a "profit level" which will determine the
prices for the Fundraiser as well as the profit level. Important Note: For Fundraisers in
states with a bottle deposit, Medium or High Level profit levels are recommended.
Fundraising Owners will input the email addresses of potential Fundraising Participants
and Sponsor will send the initial and reminder emails for the Fundraiser.
b. Fundraising Participant: Once someone has created a Fundraiser, he or she may
recruit others to help sell the Product for the Fundraiser. Fundraising Participants sell the
Product using the tools available for the Program, collect the payment, and deliver the
Product to the buyers after it is delivered. The Fundraising Owner will be able to view
the email addresses of his/her Fundraising Participants.
7. Pricing and Volume Discounts: The prices for Product are set at the sole discretion of
Company and Bottler and may not/will not include taxes, deposits, handling fees and
recycling fees and any other add government imposed fees or costs. If your Fundraiser
reaches sales of 151 cases of Product or more, your pricing will be adjusted to allow for
more profit for the Fundraiser per case sold of specific products (currently all 20 fl. oz.
Sparkling Sodas). See full list of Participating Products in Appendix A below.
8. Payment and Delivery: Payment in full is required at the time of delivery from the
Coca-Cola bottler in the form of cash or money order. The delivery location must have a
commercial loading dock. Sponsor and delivery truck driver will work out all details with
the Fundraising Owner before the delivery date.
9. General Conditions: In the event that the operation, security, or administration of any
portion of the Program is impaired in any way for any reason, including, but, not limited
to, fraud, human error, virus or other technical problems, the Sponsor may, in its sole
discretion, either: (a) modify the Program in a manner that best conforms to the spirit of
these Terms and Conditions without suspending it; (b) suspend the Program to address
the impairment and then resume the Program in a manner that best conforms to the spirit
of these Terms and Conditions; or (c) cancel the Program and take any steps Sponsor
feels necessary to address any outstanding issue with the Program or its participants.
Any attempt by any person to undermine the legitimate operation of any part of this
Program or any Fundraiser 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 Terms and Conditions shall not constitute a waiver of that provision.
10. Release and Limitations of Liability: Except where prohibited, by participating in this
Program or any Fundraiser, each participant agrees to release and hold harmless
The Coca-Cola Company, Coca-Cola bottlers, HelloWorld, Inc., and their respective
parents, subsidiaries, affiliates, promotional partners, providers and their respective
agents and agencies, officers, directors, and employees (collectively, the "Released
Parties"), from and against any claim or cause of action arising out of participation in any
Fundraiser or receipt, use or misuse of any product purchased or received. Each
participant further agrees that in any cause of action, the Released Parties’ liability will be
limited to the cost of participating in the Fundraiser and the fulfillment of Product and in
no event shall the Released Parties be liable for attorney’s fees. Each participant waives
the right to claim any damages whatsoever, including, but not limited to, punitive,
consequential, direct, or indirect damages (other than for actual out-of-pocket expenses
or statutory damages) and any and all rights to have damages multiplied or otherwise
increased.
10. Disputes: Each entrant agrees that: (i) any and all disputes, claims and causes of action
arising out of or connected with this Program or any Fundraiser 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; and (ii) any and
all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with participating in the Program or Fundraiser, or statutory
damages, but in no event attorneys' fees. 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
or Fundraiser, 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.
Appendix A:
Participating Products
Note: An * indicates that this product qualifies for a volume discount. A % indicates that
this product is available in select locations only.
*Barqs Root Beer, 20 fl. oz.
*Caffeine Free Diet Coke, 20 fl. oz.
*Cherry Coke 20 fl. oz.
Coca-Cola Classic, 12 fl. oz.
*Coca-Cola Classic 20 fl. oz.
Coca-Cola Classic Glass Bottles, 8 fl. oz.
Coca-Cola Classic Aluminum Bottles, 8.5 fl. oz.
Coke Life Glass Bottles, 8 fl. oz.
*Coke Life, 20 fl. oz.
Coca-Cola Zero Aluminum Bottles, 8.5 fl. oz.
Coke Zero, 12 fl. oz.
*Coke Zero, 20 fl. oz.
Core Power Chocolate 26g Protein, 14 fl. oz.
Core Power Vanilla 26g Protein, 11.5 fl. oz.
DASANI 20 fl. oz.
Diet Coke, 12 fl. oz.
*Diet Coke 20 fl. oz.
*%Diet Dr. Pepper, 20 fl. Oz.
*%Dr Pepper, 20 fl. oz.
*%Dr Pepper Cherry, 20 fl. oz.
*Fanta Orange, 20 fl. oz.
fruitwater Lemon Lime, 16.9 fl. oz.
fruitwater Strawberry Kiwi, 16.9 fl. oz.
*FUZE Tea Strawberry Red Tea, 20 fl. oz.
*FUZE Tea Lemon Iced Tea, 20 fl. oz.
Gold Peak Diet, 18.5 fl. oz.
Gold Peak Sweet, 18.5 fl. oz.
Honest Tea Half and Half, 16.9 fl. oz.
Honest Tea Honey Green, 16.9 fl. oz.
Honest Tea Raspberry, 16.9 fl. oz.
Illy Mochachino Glass Bottles, 9.5 fl. oz.
Illy Cappuccino Glass Bottles, 9.5 fl. oz.
Illy Latte Macchiato Glass Bottles, 9.5 fl. oz.
*Mello Yello, 20 fl. oz.
*Minute Maid Lemonade, 20 fl. oz.
*Minute Maid Pink Lemonade, 20 fl. oz.
Minute Maid 100% Apple Juice, 10 fl. oz.
Minute Miad 100% Orange Juice, 10 fl. oz.
*%PibbXtra, 20 fl. oz.
POWERADE Mountain Berry Blast, 20 fl. oz.
POWERADE Fruit Punch, 20 fl. oz.
POWERADE ZERO Mized Berry, 20 fl. oz.
%smartwater, 20 fl. oz.
%smartwater, 700 ml
Sprite Aluminum Bottles, 8.5 fl. oz.
Sprite, 12 fl. oz.
*Sprite, 20 fl. oz.
*Sprite Zero, 20 fl. oz.
Tumm-E Yummies Fruitabulous Punch, 10 fl. oz.
Tumm-E Tummies Very Berry Blue, 10 fl. oz.
%vitaminwater Power-C, 16.9 fl. oz.
%vitaminwater Revive, 16.9 fl. oz.
%vitaminwater XXX, 16.9 fl. oz.
%vitaminwater ZERO Squeezed 16.9 fl. oz.
%vitaminwater ZERO Rise, 16.9 fl. oz.
%vitaminwater ZERO XXX, 16.9 fl. oz.
ZICO Coconut Water Natural, 14 fl. oz.
ZICO coconut Water Chocolate, 14 fl. oz.