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.