‘Every Bottle has a Story’ COKE Booth
TERMS OF USE
1. These Terms of Use relate to the use of the ‘Every Bottle has a Story’ COKE Booth.
2. Use of the ‘Every Bottle has a Story’ COKE Booth requires acceptance of these Terms of Use.
TAKING A PHOTO
3. The ‘Every Bottle has a Story’ COKE Booth allows a consumer to take a photo of themselves & their friends.
4. You must be aged 13 years or older to participate and own a smart phone.
5. When your photo is taken, you will be required to:
a. Accept the Terms of use as specified here
b. Provide a valid mobile phone number – this number must be your personal number
c. If the number you provide is valid, the Promoter will send you an SMS with instructions on how to access your photo. You will not be charged for this SMS sent to you by the Promoter.
d. The Promoter is not responsible if for any reason the SMS is not delivered. If you do not receive the SMS, please contact your telecommunications provider. The Promoter will not be able to re-send the original SMS to the number provided if you do not receive the SMS.
6. To access your photo you will need to:
a. Open the link sent in the SMS.
b. You have the option to share this photo out to your social communities from the mobile page.
GENERAL TERMS & CONDITIONS
7. The Promoter will review the photos taken via the ‘Every Bottle has a Story’ COKE Booth and may select one or more photos for use in the Promoter’s social media channels. For use in any other media, the Promoter will contact all Participants whose photos have been selected and will request the Participant to complete and return a release form. Choice of the photos for the Promoter’s social media channels is solely at the Promoter’s discretion and will be based on the Promoter’s evaluation. Chance plays no part in the photo selection.
8. All Participants must be New Zealand residents aged 13 years or older at time of participation. If you are aged between 13 and 18, a parent or legal guardian must agree to the terms of these Terms of Use.
9. When you take your photo with the ‘Every Bottle has a Story’ COKE Booth you agree to license and grant the Promoter and its affiliates and agencies, a non-exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, broadcast and display such content for the purpose set out in these Terms of Use, without compensation, attribution or liability; and in addition:
a. You agree not to assert any moral rights in relation to such use of the photo by the Promoter.
10. You warrant and agree that:
a. You will not submit a photo that is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 13, damaging to the reputation of the Promoter or otherwise unsuitable for publication;
SAFETY AND ETIQUETTE DURING USE
11. All Participants are expected to conduct themselves in a courteous manner during their use of the CokeBooth. The Promoter reserves the right in their absolute discretion to exclude Participants from using the ‘Every Bottle has a Story’ COKE Booth if you fail to comply with the directions or if you act in a manner that is dangerous or disruptive to you, to other event participants or to the public.
12. The Promoter has a zero tolerance policy on harassment of any form, racism, and offensive behaviour and language. The Promoter reserves the right to exclude from the ‘Every Bottle has a Story’ COKE Booth any Participant breaching this policy at their absolute discretion.
GENERAL
13. Images taken whilst using the ‘Every Bottle has a Story’ COKE Booth must depict a person or person’s over 13 years of age, and must not include any offensive material.
14. The Promoter reserves the right, at any time, to verify the validity of all images submitted and to remove any image that is not in accordance with these Terms of Use.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. The Participant will receive on screen confirmation of their photo being saved. The Promoter accepts no responsibility for any images or messages that are lost or delayed while sending, or which are unable to be sent due to lack of network coverage, operator or network error, or for any other reason beyond its control.
17. If for any reason the administration, security, fairness, integrity, conduct or operation of this activity is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including but not limited to act of God; any act of a public enemy, war, civil unrest, or act of military authority; fire, flood, earthquake, landslide, or other elements of nature; any strike, lockout or other labour dispute; any act of a third party engaged in terrorist activity or sabotage; vandalism; tampering; power failures; computer bugs or viruses; unauthorised intervention; fraud or technical failures), the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
a. to remove any Participant; and/or
b. as appropriate, to modify, suspend, terminate or cancel; or recommence this activity,
18. The Promoter takes no responsibility for lost, incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, computer equipment, software or any other error or malfunction. Neither can the Promoter be held responsible for the failure to fulfill the obligations of any of the third parties involved in this activity, although the Promoter will always endeavor to minimise the effect to the participant of any such failure.
19. Except for any liability that cannot be excluded by law, the Promoter (including its directors, shareholders, officers, employees, contractors, advisors, assignees, agents, licensees, representatives, advertising and Promotional agencies) its related companies (the Related Parties) exclude all liability (including negligence), for any personal injury or death, or loss (including any damage, claim, injury, cost or expense); whether direct, indirect, special or consequential, arising in any way out of this activity, including, but not limited to, where attributable to any of the following:
a. any negligence of a Relevant Party;
b. any technical difficulties or equipment malfunction (whether or not under the Promoter's control);
c. any theft, unauthorised access or third party interference;
d. any registration that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
e. any variation in use to that stated in these Terms of Use.
20. If you do not wish for a photo of you to appear in the Promoter’s social channels, please call the toll free number 0800 505 123 to request that your photo not be used.
21. Participants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the ‘Every Bottle has a Story’ COKE Booth. The personal information of Participants’ may be provided to others assisting in the conduct of the experience, including agencies associated with the experience. Participants may contact the Promoter by calling the toll free number 0800 505 123 to request access to, or corrections of, any of their collected personal information that is held by the Promoter. Visit www.coke.co.nz to view the Promoter’s privacy policy.
22. The Promoter reserves its right to modify these Terms of Use at any time for any reason. You agree that you will be bound by such changes and that you will not hold the Promoter liable for any losses resulting from any such changes.
23. These Terms of Use are governed by, construed in accordance with, the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
24. For further assistance or queries regarding this Event please call the Consumer Information Centre on 0800 505 123.
25. The Promoter is Coca-Cola Oceania Ltd. The Oasis, Oasis Lane, Mt Wellington Auckland 6, New Zealand.
26. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO THIS THE ‘Every Bottle has a Story’ COKE Booth OR THE INFORMATION ASSOCIATED WITH THE ‘Every Bottle has a Story’ COKE Booth OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS ACTIVITY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.