MYCOKE ON PACK PROGRAMME
TERMS AND CONDITIONS OF ENTRY
1. These Terms and Conditions of Entry relate to the MyCoke promotion (the Programme).
2. The Programme starts on 20 October 2014 and ends 31 December 2019. No Codes will be accepted, and Points cannot be used, after 31 December 2019.
3. In these Terms and Conditions:
Account means an account containing a Member’s required registration details to create his/her own MyCoke profile.
Code means the unique code printed inside the label of a Promotional Pack.
Draw means the Prize draw or lottery for the promotion currently running which is offered by the Promoter and for which Members may enter on a daily basis.
Member means a person who collects Points for entry into a Draw and who joins the Programme.
Points means a unit of MyCoke points which can be used by a Member or Members to enter into Draws in the Programme.
Prize means a prize awarded to a Member as an outcome of a Draw.
Prize Provider means businesses other than the Promoter whose goods or services are offered as Prizes under the Programme.
Programme means the MyCoke promotion; a marketing tool in which Points are collected by Members and used to enter into Draws.
Programme Website means the website at www.coke.co.nz.
Promoter is Coca-Cola Amatil (N.Z.) Limited.
Promotional Pack means any specially marked pack of the Promoter’s beverage products which give Points under the Programme. Promotional Packs are:
(together the Promotional Packs).
WHO CAN JOIN THE PROGRAMME
4. The Promotion is open to residents of New Zealand only who are 14 years of age or older.
5. Please check individual Draws and Prizes on the Programme Website as additional specific restrictions may apply to some Draws and/or Prizes.
6. The Programme is only for personal and consumer use and Points cannot be used for any business transaction or purpose.
HOW TO TAKE PART IN THE PROGRAMME
7. Simply register or Login to MyCoke to set up an Account. To do this, you will need to visit the Programme Website or download the Coke NZ Mobile Application (App). Please complete the registration process by entering your name, email address, a chosen password and all relevant fields.
8. Purchasing a Promotional Pack is required to participate in the Programme. Go to the Programme Website or App and enter the Code to start collecting Points.
9. You can also use your Mobile Phone device and text the Code to 345 to have Points directly loaded onto the Member's Account.
9. By using and enrolling into the Programme, Members agree that they have read and understood these Terms and Conditions and agree to comply with them.
10. Texts to ‘345’ will incur standard message costs to the entrant depending on your Network Provider. Texts will not be included as part of any text plan packages – check with your telecommunications provider. All text costs are at the expense of the entrant.
11. These Terms and Conditions should be read in conjunction with all instructions and guidelines for registration into the Programme as set out on the Programme Website and any supplemental Terms and Conditions relating to a Draw or Prize Provider which form part of these Terms and Conditions. In the case of conflict between these Terms and Conditions and any supplemental Terms and Conditions, the latter take precedence.
12. A Member can only have one Account in the Programme, which is accessible only by their nominated email address and password. Accounts created using automated devices or processes are not allowed and all such Accounts will be removed from the Programme. The Promoter reserves the right, in its discretion (provided it acts reasonably), to remove a Member from the Programme where multiple Accounts are suspected, at which time any accrued Points balance will be null and void.
13. A Member is responsible for ensuring that all times his/her information in their Account is accurate and up-to-date.
14. The Promoter makes no warranty that access to the Programme Website will be uninterrupted or error-free and will have no liability for any failure to access such website.
ENTERING CODES AND COLLECTING POINTS
15. To collect Points, you need to purchase a Promotional Pack and locate the Code on that Promotional Pack (e.g. under the cap, on the back of the label, or inside the carton). Alternatively, you may receive Points directly from the Promoter, when the Promoter in its sole discretion chooses from time to time to give away Points.
16. The number of Points awarded varies across Promotional Packs as set out in the table below:
|Pack Size||Coca-Cola||Coca-Cola No Sugar||Coca-Cola Zero||Diet Coca-Cola||Vanilla Coca-Cola||Raspberry Coca-Cola||Fanta Orange||Fanta Zero||Fanta Strawberry Sherbet Fizz||Fanta Blueberry||Fanta Raspberry||Fanta Sour Watermelon||Fanta Grape|
|6 x 250mL multi-can packs||30||30||30||30|
|4 x 330mL multi glass bottles||25||25|
|4 x 330mL multi-can packs||25||25||25||25|
|8 x 330mL multi-can packs||30||30||30||30|
|18 x 330mL multi-can packs||30||30||30|
|24x 330mL multi-can packs||35||35||35|
|30 x 330mL multi-can packs||35||35||35|
17. Collect Points in your Account by entering or texting the Codes which you have collected from the Promotional Packs. Points may also be obtained through other methods as offered by the Promoter from time to time, such as scratch cards, printed pieces, or vouchers.
18. Only valid Codes will be accepted and will become invalid once entered by a Member. The Points balance is available for Members when they log into the Programme Website or via the App.
19. Entrants may enter a maximum of five App/internet/text entries per day. Please note, that while the Promoter wants to encourage Members to collect Points to enjoy the benefits of this Programme we actively discourage over-consumption. DO NOT purchase more Promotional Packs than you can reasonably consume, just to claim the Points.
20. All Codes are subject to verification. Manufacturer’s references or printing errors do not constitute Codes.
21. Responsibility is not accepted for Code entries or Points lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind.
22. If you have problems in submitting a Code, please contact 0800 505 123 Monday to Friday 8am to 5pm.
23. The Promoter reserves the right to change the number of Points awarded against the Promotional Packs during the Programme.
24. Members are recommended to keep Promotional Packs as proof of purchase as they may be requested by the Promoter. In some cases, Members will be asked to send in their Promotional Packs to validate an entry into a Draw or to claim a Prize up to 21 days after entry. If asked to do so, Members have 28 days in which to comply. After 28 days, the Promoter reserves the right to remove, permanently, the corresponding Points from the Member's Account.
25. As well as Points being available on Promotional Packs, the Promoter may distribute them from time to time through newsletters, social media and other promotional activity. Each individual particular promotional code has limited availability and can only be entered once.
26. The sale, transfer, exchange or barter of Points is strictly prohibited. Codes and Points have no cash or other value and cannot be exchanged, except to enter Draws.
27. The Promoter may from time to time adjust Members' Accounts upwards or downwards to reflect accounting errors, multiple accounts, refunds issued or suspected fraud.
INVITE A MATE
28. Existing MYCOKE members are given a unique referral link for them to share with their mates, using their own chosen methods of communication. Once a mate has succesfully registered for a MYCOKE account via the referral link, and on a desktop browser, the member that referred them will be credited with 40 MYCOKE points. The maximum amount of points any individual member is permitted to earn through the Invite a Mate mechanism is 200 MYCOKE points.
29. Once a Member has collected sufficient Points to enter a Draw, please follow the instructions to enter the Draw. Please see the website or the App for further details about each Draw. Each point is equal to one entry in to the members chosen draw.
30. As Points are used for entry into a Draw, the Draw will be subject to separate terms and conditions governing the Prize to be won and (amongst other things) the start and end dates. How to enter and all instructions for each Draw appear on the Programme Website and the App, and form part of these Terms and Conditions. Entry into a Draw is deemed to be acceptance of all such Terms and Conditions.
31. Members select the Draw(s) they would like to enter by clicking on “Enter this Draw” on the Programme Website.
32. Points will be subtracted from a Member's Account immediately upon a Member choosing to enter a Draw.
33. Once a Draw has closed, Points entered cannot be reclaimed.
34. Each Draw is randomly drawn by an independent adjudicator at the stated end date of the particular Draw (as set out in the individual Draw terms) from all eligible and valid entries received during the period specified.
35. At the end of each Promotional Period there will be a Main Prize draw. For Main Prize and other prize draws refer to individual Promotion Terms and Conditions.
36. The odds of winning will depend on the total number of eligible entries received during the particular Draw period.
37. Winners will be notified by e-mail or called using the phone number loaded against their Account within 3 business days of the particular Draw taking place and must meet all eligibility requirements. Winners will be included on the “Winners” list on the Programme Website following receipt of confirmation.
38. The Promoter is not responsible for and will not be liable for:
a. late, lost, delayed, misdirected, incomplete or unintelligible entries;
b. any injuries, losses, or damages of any kind caused by a Prize or Reward, or resulting
from acceptance, possession, use or misuse of a Prize or Reward, or from participation
in the Programme;
c. any printing or typographical errors in any materials associated with the Programme;
d. any problem with a Prize Provider or Reward Provider.
39. As Points are used for entry into a Draw, the Draw will be subject to separate Terms and Conditions governing the Prize to be won and (amongst other things) the starting and end dates.
40. Prizes are personal, non-transferable and cannot be sold to a third party.
41. Prizes will be delivered to the address given by the Member within 28 days of being won in a Draw.
COMMUNICATING WITH MEMBERS
42. By registering as a Member and participating in the Programme, the Member agrees to provide up-to-date and accurate information to the Promoter for the purposes of administering the Programme at all times.
43. A Member agrees to allow the Promoter to communicate with him/her via email with suitable offers, which may contain opportunities to enter Draws. The Promoter will always use this communication method responsibly under the terms of the Privacy Act 1993. Members preferring not to receive such offers can visit their Account information page and change their communication preferences to opt-out of receiving such communication from the Promoter.
44. From time to time the Promoter will send a Member emails confirming his/her Points balance.
45. A Member agrees to allow the Promoter to pass on relevant details to Prize Providers only for the fulfilment of Prizes under the Programme.
46. When a Member requests to leave the Programme there will be no further communication between the Promoter and the Member. The Member's Account will be closed within 30 days and any unused Points will be forfeited.
47. A Member can cancel his/her Account at any time by notifying Customer Service. To contact please use the Contact Form located at https://coke.co.nz/contact-us. Cancellation of an Account will be effective not later than thirty (30) days after a Member submits a cancellation request, during which period he/she may still obtain Points. Points will automatically be forfeited in accounts that are terminated or cancelled. Accounts and Point balances are not transferable upon such closure or otherwise by operation of law.
48. The Promoter reserves the right, in its discretion (provided it acts reasonably), to remove a Member from the Programme where it is felt that the Member could be misusing the Programme, is in breach of these Terms and Conditions or is otherwise acting contrary to the spirit of the Programme. This includes, but is not limited to:
a. attempting to collect or redeem points in contravention with these
Terms and Conditions;
b. attempting to have, or having, multiple accounts;
c. any fraudulent activity with respect to copying coupons, vouchers or
purchasing or trading Points;
d. interfering with the Programme or the Programme Website.
49. The Promoter will be the final arbiter in any decisions and these will be final and binding and no correspondence will be entered into.
50. In the event that an Account is dormant or inactive for a period of 12 months or more the Promoter reserves the right to remove the Account from the Programme. The Promoter will endeavor to contact the Member through their nominated email address to notify them that their account is at risk of removal. Members who reply within 30 days requesting the account remain active will have their account balances maintained. In the absence of a satisfactory response, the accrued balances will be forfeited, and the Account may be removed.
51. The Promoter reserves the right to amend these Terms and Conditions and/or the operation of the Programme at any time upon reasonable notice if necessary for reasons beyond the Promoter’s reasonable control. Any amendment will be effective upon posting the modified Terms and Conditions and/or modified Programme on the Programme Website and notifying Members either on the website home page or via email. In the event of an amendment to these Terms and Conditions and/or the operation of the Programme, a Member's non-cancellation or continued use of the Programme after 30 days will be deemed acceptance of the modified Terms and Conditions and/or Programme.
52. A Member agrees to indemnify and hold the Promoter, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, (including reasonable legal fees) relating to a Member's breach of these Terms and Conditions including the posting of any material on any of the Promoter’s websites.
53. The Promoter reserves the right at any time, and from time to time, providing as much notice as reasonably possible, to:
a. amend or close a Draw;
b. change or remove a Prize due to non-availability provided that an
alternative Prize of similar value is offered;
c. vary the number of Points required to enter a Draw;
d. change Prize Providers.
54. Except for any liability that cannot be excluded by law, including, but not limited to the New Zealand Consumer Guarantees Act 1993, the Promoter expressly disclaims any responsibility and each Member agrees to release and hold the Promoter (and its directors, employees, parent companies, agents, marketing partners and affiliates) not liable for any and all losses, damages, rights, claims and actions of any kind in connection with the Programme and/or a Prize or Reward or resulting from the delivery, acceptance and/or subsequent use of a Prize or Reward, including personal injury, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.
55. Without limiting the foregoing, the Promoter assumes no responsibility for, and the Members release the Promoter from, any loss, claim, damage or injury to person or property if, for any reason beyond the Promoter's reasonable control (e.g. due to computer viruses, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures etc.) this Programme is not able to be conducted as planned and/or the Programme's administration, security, fairness or integrity are corrupted or affected. Further, in such circumstances, the Promoter invalidate any Codes or entries of any individual in any way involved in interfering or tampering with the conduct of the Programme or abusing the communication system upon which the Programme is being conducted.
56. Any dispute under the Programme will be resolved by the Promoter. In the event of error or omission on the part of the Promoter, the Promoter's liability to the Member is limited to crediting disputed points or account balances to the Member’s Account.
57. These Terms and Conditions are subject to the laws and jurisdiction of New Zealand. The Promoter's failure to enforce strict performance of any provision of these Terms and Conditions will not constitute a waiver of the Promoter's right to subsequently enforce such provision or any other provision of these Terms and Conditions.
58. The Promoter reserves the right, in its sole discretion, to cancel or suspend the Programme should bugs, viruses, unauthorised human intervention, or any other cause beyond the control of the Promoter (in its sole opinion) corrupt the administration, security, fairness, integrity or proper operation of the Programme or the Draws, or for any other reason at the sole discretion of the Promoter.
60. The Promoter will only use your personal details for marketing purposes outside those described above if you “opt in” and join the MyCoke mailing list when prompted at registration of your Profile (unless you have already consented to such use of your information), otherwise all entries and personal details will be destroyed following the conclusion of this Programme.
61. For any queries about the Programme please use the Contact Form located at coke.co.nz/contact-us.
62. Members acknowledge that the Programme is not sponsored, endorsed, administered by, or associated with Facebook and that Facebook has no liability to anyone in relation to the Programme. Members agree to fully release Facebook from any and all liability in relation to their participation in this Programme. All information Members provide in connection with this Programme is to the Promoter and not to Facebook.