Terms of Use & Sale

THE COCA-COLA COMPANY TERMS OF USE AND SALE

Last Updated: __________, 2020

(TL;DR VERSION – 100 Words)

  • These Terms apply to websites, mobile apps, and online services that link back to them.
  • These are free services; we’re not promising they’re perfect, use them as-is.
  • Follow the law and respect other users.
  • Any dispute must be filed in arbitration, in Georgia (unless a small claims court can hear it).
  • No judge, no jury, no class actions.
  • If you submit information or a creation, we own it.
  • That includes submissions made on our social media pages or partner pages.
  • Purchases will be governed by our Terms of Sale – please read them carefully (and, if applicable, subscriptions will be governed by these Terms of Sale as well as additional Subscription Terms you will see and accept before you enroll).
  • E-mail us at https://us.coca-cola.com/help/message/ .
  • Call at +1 800 520 2653

We, The Coca-Cola Company and its affiliates (collectively the “Affiliates”), operate websites, mobile applications, and social media pages that link here (collectively, “Sites”). This Sites are provided for your personal and noncommercial use. By using the Sites, you agree to these Terms of Use and Sale (the “Terms”). If you do not agree to the Terms, do not use the Sites. You will still be bound by the Terms as they existed when you last used the Sites. We reserve the right to make changes to these terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION – PLEASE READ CAREFULLY .

DATA PROTECTION

Security . We maintain safeguards intended to protect the integrity and security of the Sites. However, we cannot guarantee that the Sites will be secure, complete or correct, or that access to the Sites will remain uninterrupted.

Registration; User Names and Passwords . To use certain portions of the Sites, you may be required to create an account and be issued a password. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use or misuse of your user name or password. Please promptly notify us of any confidentiality breach or unauthorized use of your user name, password, or your Sites account.

Third Party Web Sites; Links The Sites link to other web sites and online services. We have no control over such third parties. We do not endorse their products and services. We are not responsible for the availability, accuracy, or security of such sites.

RULES OF CONDUCT

Follow the Law While using the Site, you are required to comply with these Terms and all applicable laws, rules and regulations.

Respect Others We also expect users of the Sites to respect the rights and dignity of others. Do not use the Sites to harass, stalk, threaten or otherwise violate the legal rights of others. Do not impersonate anyone. Do not disrupt the operation of the Sites. We reserve the right in our sole discretion to restrict or terminate accounts that do not comports with these Rules of Conduct and to remove any materials that violate these Terms or which we find objectionable.

Indemnity You agree to defend, indemnify and hold harmless us, and our directors, officers, employees, agents, Affiliates, authorized bottlers and distributors, shareholders, licensors, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Sites, (b) any violation of these Terms by you or through your account; and (c) any allegation that any Submission or Creation (defined below) you make available or create through or in connection with the Sites infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

Termination We may terminate your access to the Sites at our sole discretion, at any time, and without prior notice. We may immediately deactivate or delete all related information and files.

DISCLAIMER AND LIMITATION OF LIABILITY

Disclaimer . THE SITES AND ALL OF ITS TEXT, IMAGES, AND SOFTWARE AND ALL SERVICES, PRODUCTS OR MATERIALS (INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES (COLLECTIVELY, “CONTENTS”) ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES.

Limitation of Liability . We recognize that some laws provide consumers specific rights and remedies and prohibit waiver of the same. Except with respect to such laws, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to such laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees.

CONFIDENTIALITY OF COMMUNICATIONS

Personal Information . Any Personal Information you submit on or through the Sites is governed by The Coca-Cola Company Privacy Policy

Additional Communications Any other information you submit on or through the Sites will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly (for example, through the use on a third-party social media site using a hashtag we promote).

Submissions and Creations. Submissions and Creations (defined below) will be treated as non-confidential and non-proprietary. You acknowledge that any information in a Submission or Creation is public information.

INTELLECTUAL PROPERTY

The Sites and their Contents, including all trademarks, service marks, and graphical elements, are our sole property unless otherwise expressly noted and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. The Sites and their Contents may also contain various third-party names, trademarks, and service marks that are the property of their respective owners. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the Sites solely for your own personal, non-commercial purposes and solely in accordance with these Terms.

This license is terminable at any time, and does not grant you any additional rights with respect to the Sites or its Contents. The Coca-Cola Company reserves all other rights. You may not modify, alter or change any Content, or distribute, publish, transmit, reuse, re-post, reverse engineer, or disassemble the Content or any portion thereof for public or commercial purposes, including, without limitation, the text, images, audio and video. Your use of any Content, except as provided in these Terms, without our written permission of is strictly prohibited.

SUBMISSIONS AND CREATIONS

On-Site Submissions and Creations The Sites may include a variety of interactive services, such as instant messaging, forums and blogs. You may be able to submit information using these services (“On-Site Submissions”). You also may be able to create materials using the services (“On-Site Creations”).

Off-Site Submissions and Creations . The same sort of interactive services may be available on certain third-party websites and social media platforms. You may use these services to submit information (“Off-Site Submissions”), e.g., using hashtags we promote or commenting on our social media pages. You may also use those third-party services to create materials (“Off-Site Creations”).

On-Site Submissions and Off-Site Submissions shall, collectively, be referred to herein as “Submissions”; On-Site Creations and Off-Site Creations shall, collectively, be referred to herein as “Creations.”

Grant of Rights for Submission and Creations You grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license with respect to all Submissions and Creations. We can use this license with no compensation to you. The license allows us: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, any Submission and/or Creation (including without limitation your voice, image or likeness as embodied in such Submission or Creation), in any media now known or hereafter developed, for our business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms for any reason.

Representation and Warranty For each Submission and each Creation, you represent and warrant that you have all rights necessary to grant these licenses (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any Submission or Creation), and that such Submission or Creation, and your provision or creation thereof through the Sites, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission and Creation that you may have under any applicable law under any legal theory.

You Have Sole Responsibility for Your Submissions and Creations . You acknowledge and agree that you are solely responsible for any Submission or Creation you provide, and for any consequences thereof, including the use of any Submission or Creation by third parties. You understand that your Submissions and Creations may be accessible to other parties, who may be able to share your Submissions and Creations with others and to make them available elsewhere, including on other sites and platforms.

We Are Not Responsible For Third Parties . We have no control over what third parties may do with your Submission or Creation. We have no legal liability for such misuse. We also do not endorse and are not responsible for any opinions, advice, statements, information, or other materials made available in any Submission or Creation.

Feedback . Please visit our Contact Us page to submit any ideas or creations.

TERMS OF SALE

Whenever you buy a product through the Sites, you will be contracting with our third party vendor, FortyFour, LL (“FortyFour”) C, a limited liability company incorporated in the State of Georgia with its principal address at 337 Elizabeth Street North East, Suite E, Atlanta, GA 30307. You will look solely to FortyFour with respect to any disputes, claims, and causes of action arising out of or connected with your purchase of a product through the Sites.

General Requirements . By placing an order, you represent and warrant that:

· You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi);

· If you are an individual consumer, the product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the product to any third party for commercial purposes.

· If you are a business, the product is being ordered on the Sites solely to promote your own products or services by distributing the product to your customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the product.

· You will not submit any "objectionable" material for inclusion on personalized product. "Objectionable" means, among other things, anything that (i) is libelous, defamatory, pornographic, sexually explicit, unlawful, racially or ethnically offensive, (ii) infringes on someone else's patent, copyright, trademark, trade secret or other property right, (iii) is something people would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, or violent, (iv) would breach a person’s privacy or publicity rights, (v) is a misrepresentation of facts, (vi) hate speech, (vii) encourages others to break the law in any way (viii) is intentionally harmful to the Coca-Cola company or (ix) is otherwise inappropriate.

· The material you submitted for inclusion on personalized product will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party.

· You confirm that any names(s) or phrase(s) selected by you to put on personalized product is your name or the name of a person(s) you personally know or a phrase that is not objectionable as defined above.

Product Descriptions. We use our reasonable endeavors to make sure that every product on the Sites is shown accurately and that prices are correct. However, occasionally there may be small variations in color, typefaces and layout.

Placing Your Order. When you place an order (by choosing your product, personalizing if applicable and completing the online checkout process), we will send you an order acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we ship it. A ‘purchase contract’ between you and FortyFour is therefore made at the point of shipment, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for the following reasons: (a) Where we cannot obtain authorization for your payment; (b) If you do not meet any eligibility criteria set out in these Terms of Sale; or (c) If the order for personalized products contains reference to any names, words, acronyms, symbols or other content that is not approved by The Coca-Cola Company. We reserve the right to cancel your order at any time and issue a full refund.

Personalizing Your Items. Select items, as advertised, may be available for personalization. Neither The Coca-Cola Company nor FortyFour has an obligation to personalize beyond the rules stated in these Terms of Sale. The Coca-Cola Company aims to provide you with a fast, high-quality service, so any products you order are immediately sent for production. Please double-check your order on screen and your acknowledgement email carefully to ensure that all the details are correct. We cannot refund items where the personalization has been misspelled due to an error made by you.

Note that there are certain names or phrases that will not be approved for personalization due to their double meanings or cultural and religious sensitivities. The Coca-Cola Company and FortyFour must and do reserve the absolute right to decline orders for the product that in their sole judgment and discretion contain subject matter that may be considered inappropriate or offensive, including, without limitation, inappropriate, offensive words, acronyms, symbols or other objectionable content as defined above. Products also may not include: (a) product names, trademarks, copyrights, or business names (including but not limited to, restaurant names); (b) celebrity names or specific sports teams having trademark protection; (c) major events, landmarks, religious or political phrases; (d) names of schools or institutions; (e) website names/references; or (f) political content.

Ordering multiple products. Orders containing multiple items may be shipped separately.

Payment. You can pay for your goods using major credit or debit cards, PayPal or Apple Pay.

Prices and Sales Tax. Unless otherwise specified, all prices shown include any deposit fees at the prevailing rate, if applicable. Product prices shown on the Sites do not include sales tax. All applicable sales tax will be calculated and displayed during checkout, based on the shipping destination.

For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage. In some cases, prices shown may include postage and packaging. If this is the case, it will be clearly stated.

Shipping. Shipping charges will be added to your order during the checkout process. From time to time, we may offer free shipping promotions, the terms of which will be advertised on the Sites and are subject to change without prior notice. If you want to check the postage and packaging cost of your order, simply place the items in the online shopping basket with the correct quantity and address. We will then calculate the charge for you.

Generally, orders are delivered within a week, but please allow 2 to 3 weeks from the date of placing your order for your items to arrive. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.

Circumstances Beyond Our Control. Neither we, nor any courier or carrier service that we use, shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions, such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, acts of governmental authorities, pandemic, riot, terrorism, act of God, or from any industrial dispute or strike.

Changing or Canceling an Order. We can assist with making changes to order quantities or shipping addresses until 7PM EST on the day the order was placed. Please contact our Customer Service Team at 1-800-557-4616, who will be happy to assist.

Returns and Refunds. We want you to LOVE your products. In the rare case that you’re not satisfied with your order, please contact us WITHIN 15 DAYS of receipt using the Contact Us form on the Sites or call our Consumer Affairs Department at 1-800-557-4616. We generally do not accept returns on customized or consumable products, unless the product differs materially from what was ordered on the Sites or it is otherwise flawed. Unfortunately, we cannot accept any returns outside of 15 days of receipt.

Where an item is faulty, if you are eligible for a refund, we will reimburse the price you have paid for the product or products onto the credit or debit card with which you paid. Alternatively, we may offer a coupon or voucher (if applicable) or replace the item free of charge. Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalization is misspelled. We reserve the right to refuse a refund request. You can request a refund by calling 1.800.557.4616 or by using our Contact Us form. If you created an account, you can also request a refund online in your order history. Abuse or misuse of the refund policy may result in the refusal of future refunds.

Reporting a Problem. If for any reason you are not happy with your order, please contact our Customer Service Team by calling1.800.557.4616 or using our Contact Us form. You will need to quote your order number, and the details of the problem with the order. We aim to acknowledge any complaint within 1 working day and will do our best to resolve it within 28 days.

Credit Card Transactions. Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to FortyFour’s Payment Service Provider for immediate authorization. Once we have received authorization from the Payment Service Provider, we will confirm your order.

Subscriptions. If you enroll in a subscription program, the specific Subscription Terms presented to you in connection with that purchase will supplement these Terms of Use and Sale. In the event of a conflict between the Subscription Terms and these Terms of Use and Sale, the Subscription Terms will control.

DISPUTE RESOLUTION TERMS (PLEASE READ CAREFULLY)

Choice of Arbitrator and Rules Any disputes, claims, and causes of action arising out of or connected with your use of the Sites (each, a “Dispute”), including without limitation a purchase through the Sites, must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5

Mandatory (Individual) Arbitration You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act , 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.

Scope of Arbitration The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but You or us.

Exception to Arbitration (Small Claims Court) Disputes that can be fully resolved in small claims court need not be submitted to arbitration.

Choice of Venue (Fulton County, Georgia) You agree that any Disputes shall be heard exclusively in Fulton County, Georgia unless otherwise agreed to by the Parties or determined by the arbitrator. You consent to jurisdiction in the State of Georgia for all purposes.

Choice of Law (Georgia) These Terms and your use of the Sites are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act , 9 U.S.C. § 1 et seq.

Class Action Waiver You agree that any Dispute between us shall be resolved in an individual action. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.

Remedies Available in Arbitration The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.

Injunctive Relief The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Fulton County, Georgia, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.

MISCELLANEOUS

Notices Notices to you may be made via posting to the Site, by email, or by regular mail, in our sole discretion. Notices to us should be made using the contact information below.

Evidence You agree that a printed version of these Terms and of any notice given in electronic form, including by posting to the Site, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms.

Force Majeure We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Sites may be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities.

Information or Complaints If you have a question or complaint regarding the Site, please send an e-mail to https://us.coca-cola.com/help/message/. You may also contact us by writing to The Coca-Cola Company, P.O. Box 1734, Atlanta, GA 30301, or by calling us at +1 800 520 2653. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Claims of Copyright Infringement For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the “DMCA”), please refer to our DMCA Policy.

CHANGES

Changes to the Sites. We may modify or discontinue the Sites and its Contents at any time, in our sole discretion.

Changes to the Terms We may change these Terms at any time. We will provide reasonable notice, including by posting a revised version of these Terms through the Sites.