Coca‑Cola Terms of Service

Effective Date: 2/11/23

For previous versions, please click here.

Welcome to the Coca‑Cola Terms of Service (“Terms”).

PLEASE REVIEW CAREFULLY BECAUSE THESE TERMS FORM A LEGAL AGREEMENT BETWEEN THE COCA-COLA COMPANY AND ITS AFFILIATES (TOGETHER, COCA-COLA OR WE) AND YOU.

THESE TERMS AFFECT HOW YOUR DISPUTES WITH COCA-COLA ARE RESOLVED.

1. INTRODUCTION 

These Terms set forth the terms and conditions that apply to access and use of Coca‑Cola’s websites, mobile applications (Apps), widgets and other online and offline services that Coca‑Cola operates (together, the Services). The provider of the Services is The Coca‑Cola Company, One Coca‑Cola Plaza, Atlanta, Georgia 30313.

These Terms apply whether you are a registered user or just browsing.

YOUR USE OF AND ACCESS TO THE SERVICES ARE CONDITIONED ON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. If you do not agree to these Terms, then please do not use the Services.

Please also review the Coca‑Cola Consumer Privacy Policy (or any other privacy policy or notice made available to you) to learn how Coca‑Cola handles personal information that we collect from or about users.

2. WHEN DO THESE TERMS APPLY? 

These Terms are effective for new users on the Effective Date set forth above. For anyone using the Services prior to the Effective Date above, the prior versions of the Terms apply until ten (10) days after the Effective Date.

WHEN YOU CREATE AN ACCOUNT, ACCESS AND USE THE SERVICES OR WHENEVER YOU AGREE TO THEM, YOU REPRESENT TO COCA-COLA THAT YOU ARE ELIGIBLE TO USE THE SERVICES AND AGREE TO BE BOUND BY THESE TERMS.

To use our Services, you must be at least the age of legal majority in your place of residence and otherwise legally able to enter into a binding contract with Coca‑Cola.

If you have not yet reached the legal age of majority in your place of residence or otherwise are not legally able to enter into a binding contract, your parent or legal guardian must agree to these Terms before you use the Services. Before you begin to use the Services, please ask your parent or guardian to explain these Terms to you.

PARENTS AND LEGAL GUARDIANS: If you are accepting these Terms on behalf of a minor, you represent to Coca‑Cola that you are the parent or legal guardian of the child; affirm that you accept these Terms and consent to the Coca‑Cola Consumer Privacy Policy (or other privacy policy or notice made available to you) on behalf of your child; and accept all liability for your child’s use of the Services and compliance with these Terms.

If you are not eligible to use the Services or do not agree to these Terms, you are not authorized to use the Services.

3. WHERE DO THESE TERMS APPLY?

These Terms apply to the Services in or to which these Terms are linked or posted.

Different terms and conditions apply for the online services for employees, job applicants and Coca‑Cola’s business customers and partners and for parts of Coca‑Cola’s corporate webpages. Different terms also apply to third-party services linked to or related to the Services (e.g., Whats App). See Section 12 below.

Additional terms may apply to certain features of the Services, such as Apps, promotions, terms of sale or use of text messaging services (“Additional Terms”). All Additional Terms are part of (and incorporated by this reference into) these Terms. When presented to you, you must agree to the Additional Terms before using the features of the Services to which they apply. These Terms and the Additional Terms apply equally unless any part of the Additional Terms is irrevocably inconsistent with these Terms, in which case the Additional Terms will control but solely to the extent of the inconsistency.

Text Messaging Services

Some of the Services offer text messaging (SMS or MMS) services. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. You may exit the text messaging services by sending the word STOP to the specific mobile code associated with the Services. MESSAGE AND DATA RATES MAY APPLY. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT COCA-COLA USES AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR GOODS OR SERVICES.

4. WILL COCA-COLA CHANGE THE SERVICES?

Coca‑Cola continually works to improve the Services. Coca‑Cola may introduce new features and functionality that enhance the Services and were not previously part of the Services (“New Features”). Coca‑Cola also may from time to may introduce updates, error corrections and other changes to the Services that enhance the functionality if user experience (“Updates”). Coca‑Cola reserves the right to add or not add New Features or the right to make or not make Updates. If New Features involve fees, Coca‑Cola will provide you with a choice about whether to use the New Features. If Coca‑Cola makes Updates, you agree and authorize Coca‑Cola to implement Updates with or without notice to you.

Coca‑Cola may make New Feature available solely for you to try before they are generally available to the public. When New Features are available for you to try before others have access to them, we refer to the New Features as “Trial Services”. In consideration of your right to access Trial Services, you agree to provide feedback about the Trial Services as reasonably requested by Coca‑Cola. Coca‑Cola reserves the right to modify Trial Services without notice until Trial Services are deemed part of the Services and to decide not to make Trial Services part of the Services.

NOTWITHSTANDING THE OTHER SECTIONS OF THESE TERMS ABOUT OUR LIABILITY TO YOU, TRIAL SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND AND THE COCA-COLA PARTIES (AS DEFINED IN SECTION 13) SHALL HAVE NO LIABILITY OF ANY KIND ARISING FROM YOUR CHOICE TO USE TRIAL SERVICES. IF ANY EXCLUSION OF LIABILITY WITH RESPECT TO THE TRIAL SERVICES IS NOT ENFORCEABLE UNDER APPLICABLE LAW, THE SOLE LIABILITY OF THE COCA-COLA PARTIES WITH RESPECT TO THE TRIAL SERVICES IS YOUR DIRECT DAMAGES UP TO THE AMOUNT PAID BY YOU FOR THE TRIAL SERVICES.

Nothing in this Section 4 limits Coca‑Cola’s right to restrict access to certain parts of the Services or discontinue the Services or any content that we provide through the Services at any time, without notice or liability to you. We do our best to make sure that the Services are fully operational at all times, but Coca‑Cola is not liable to you if for any reason the Services are unavailable. .

5. WILL COCA-COLA CHANGE THESE TERMS?

The Effective Date of these Terms is set forth at the top of this webpage.

Coca‑Cola may need to modify these Terms to reflect Updates or New Features or changes to applicable law. If Coca‑Cola makes material modifications to these Terms that reduce legal rights, we will post notifications in the Services and notify users by email using the email addresses in their accounts at least thirty (30) days in advance. If you do not agree to the Terms as modified, then you must cancel your account and stop using the Services before the end of the notice period. Continued use of the Services after the end of the notice period specified in the notification is deemed acceptance of the Terms as modified.

We will not make changes that materially and retroactively reduce your legal rights without notice unless we are legally required to do so or to protect the rights of other users of the Services.

The modified Terms supersede all previous versions of our agreements, notices or statements of or about these Terms.

6. IS AN ACCOUNT REQUIRED?

You do not need to create an account to browse Coca‑Cola’s public websites, but you may need an account to take full advantage of the Services, such as to receive access to offers and other promotions or to use “member-only” parts of the Services.

To create an account, you will need to provide at least your email address. Coca‑Cola also may require that you provide your date of birth and place of residence as needed to verify that you are legally able to enter into a binding contract with Coca‑Cola or require your parent’s or legal guardian's agreement to these Terms on your behalf.

Coca‑Cola also may ask you to provide additional information, such as your name, telephone number, preferences, opinions and other details about yourself that you choose to share as part of the account creation process. To learn more about how we process the personal information that we collect from you when you create an account, please see the Coca‑Cola Consumer Privacy Policy (or any other privacy policy or notice to which you agreed when you created your account).

As referenced in Coca‑Cola’s Responsible Marketing Policy, we do not market directly to children under the age of 13 (or the minimum age required by the laws in your country). As such, the Services are not directed to or intended for use by children under age 13 (or the minimum age required by the laws in your country).

You agree that you will not create an account for anyone other than yourself, create an account with the intent to impersonate another person, or falsify any element of Coca‑Cola’s eligibility verification processes. Coca‑Cola reserves the right to deny registration or to cancel or suspend an account at any time if we detect or suspect violation of these Terms. You may not create an account if you were previously suspended or terminated from using the Services.

You promise that any information that you submit to Coca‑Cola is true, accurate and complete and you agree to keep it that way at all times.

If you are asked to choose a password when creating an account, your password is personal to you. You agree not to provide any other person with your password, other security information or access to the Services. Please use particular caution when accessing your account from a public or shared computer or sharing your device so that others are not able to view or record your password or other personal information. You are responsible for all activities that occur using your password.

You agree to notify us immediately at https://www.coca-colacompany.com/contact-us if you detect or suspect unauthorized access to or use of your password, account or other breach of security.

7. DOES COCA-COLA CHARGE FOR THE SERVICES?

The Services generally are free. If payment for certain features of the Services ever is required, Coca‑Cola will provide you with a choice about whether to use the paid features.

Certain Services allow you to purchase Coca‑Cola’s products. Purchases will be governed by separate terms of sale presented to you at the time of purchase – please read them carefully. 

You are solely responsible for all charges, fees and other costs related to use of the Services, including the equipment and internet connection or mobile telephone service necessary to access and use the Services. If you access and use the Services on your mobile device, you agree that you are solely responsible for all charges that you incur from your mobile service provider.

8. WHO OWNS THE SERVICES?

As between Coca‑Cola and you, Coca‑Cola and its third-party licensors are and will remain the sole and exclusive owners of all right, title and interest in and to the Services, including all content available through the Services and its design, selection and arrangement and all intellectual property rights therein (Services Content). That is, Coca‑Cola owns the Services and owns or has a license for the Services Content and you own all of your User Content, as described below.

The Services Content includes the Coca‑Cola name and all related names, logos, product and service names, designs and slogans (Coca‑Cola Marks). You must not use the Coca‑Cola Marks without Coca‑Cola’s prior written permission. All other names, logos, product and service names, designs, slogans, taglines or bylines of Coca‑Cola or of third parties that appear on or in the Services are the trademarks of their respective owners.

You have no right, license or authorization with respect to Services Content except as expressly set forth in these Terms. The Services are protected by international copyright, trademark, patent, trade secret, and other applicable intellectual property or proprietary rights laws. For clarity, you agree not to (and not to permit any third party to):

•  Remove any copyright, trademark or other proprietary rights notice contained in the Services.
• Create and/or publish your own database that features parts of the Services without Coca‑Cola’s express prior written consent.
• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Services Content except as expressly authorized in these Terms.
• Use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services.
• Otherwise violate or infringe the proprietary rights of Coca‑Cola or its third-party licensors in and to the Services Content at any time.

You own your User Content but give Coca‑Cola the right to use it.

The Services may contain forums and other interactive features that allow you and other users to post, submit, publish, display or transmit content or materials (collectively, User Content). You own the User Content that you create unless the terms and conditions applicable to your submission of User Content state otherwise.

You understand and acknowledge that you are responsible for your User Content, including its legality, reliability, accuracy and appropriateness.

Whether you submit User Content through the Services or Coca‑Cola’s social media pages, you grant Coca‑Cola (including our suppliers that help us operate the Services and each of our respective successors and assigns) the unrestricted, perpetual, worldwide, non-exclusive, royalty-free, fully-paid right and license (and right to sublicense through multiple tiers) to use, host, store, reproduce, modify, publicly display, perform, translate, distribute and otherwise disclose to third parties your User Content, in whole or in part, for any purpose and in any media now known or hereafter developed, to the extent permitted by law (User Content License). No moral rights are transferred by the User Content License that you grant to Coca‑Cola in these Terms. IF YOU DO NOT WISH TO GRANT COCA-COLA A USER CONTENT LICENSE, PLEASE DO NOT SUBMIT USER CONTENT.

When you provide User Content, you represent and warrant to Coca‑Cola that:

• You own or control all rights in and to your User Content and have the right to grant the rights and license granted to Coca‑Cola above in these Terms.
• Your User Content does not violate the rights of any other person or entity, such as rights of privacy and publicity and intellectual property rights.
• Your User Content is true and accurate.
• All of your User Content complies with these Terms and all applicable laws, rules, and regulations.

Your User Content must comply with all of the following rules:

• User Content must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• User Content must not promote sexually explicit or pornographic material, violence, or discrimination based on race, religion, nationality, disability, gender, sexual orientation, gender identity or age.
• User Content must not deceive or intend to deceive any person.
• User Content must not promote any illegal activity or advocate, promote or assist any unlawful act.
• User Content must not misrepresent your identity or affiliation with any person or organization or give the impression that your User Content is endorsed by Coca‑Cola or by any other person or entity if this is not the case.

If you believe that User Content violates these Terms, please notify us at https://www.coca-colacompany.com/about-us/contact-us, including a description of the specific User Content and its location in the Services or Coca‑Cola’s social media presence. To the extent permitted by law, you agree to indemnify Coca‑Cola for all claims brought by a third party against Coca‑Cola arising out of or in connection with your User Content.

In addition to User Content, you may from time to time choose to provide Coca‑Cola with ideas, suggestions or other feedback about the Services (Feedback). To submit and idea, please visit our website at https://www.coca-colacompany.com/contact-us/submit-an-idea and review the information there. You own your Feedback but, by providing it to Coca‑Cola, you agree and hereby grant to Coca‑Cola a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format and create derivative works of and otherwise exploit in any manner all of your Feedback. You also acknowledge and agree that Coca‑Cola may use Feedback in the Services as long as you are not directly identified without your prior written permission. All of your Feedback is considered non-confidential and non-proprietary.

9. WHAT ARE PERMITTED USES OF THE SERVICES?

Subject to your compliance with these Terms, Coca‑Cola grants you, solely for your non-commercial use, a personal, limited, non-exclusive, non-transferable, revocable, and limited right to access and use the Services and to download one (1) copy of each App.

You must use the Services for lawful, personal and non-commercial purposes only and not for any fraudulent purpose or in connection with any unlawful activity. Without limiting the foregoing, you must not and you agree not to, attempt to or encourage or allow any third party to:

• Gain (or attempt to gain) unauthorized access to the Services or Coca‑Cola’s computer systems or networks through hacking, password mining or other means or to violate the security of any computer or security network.
• Use the Services in any manner that you know or should know could damage, disable, overburden or impair Coca‑Cola’s servers or networks.
• Discriminate, harass, threaten, deceive, embarrass, harm or cause annoyance, inconvenience or anxiety to others or otherwise interfere (or attempt to interfere) with any other party's use and enjoyment of the Services.
• Use the Services on behalf of anyone other than yourself.
• Copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Services.
• Remove any copyright, trademark, or other proprietary rights notice contained in the Services or otherwise infringe or violate the intellectual property rights of any third party.
• Use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any feature or functionality of the Services to any third party for any reason.
• Reformat or frame any portion of the web pages that are part of the Services, including with the intention of reselling or distributing products.
• Use the Services to send any unauthorized or unsolicited commercial or promotional content.

Coca‑Cola reserves the right to monitor and record activity on the Services to the fullest extent permitted by applicable law and in accordance with the Coca‑Cola Privacy Policy (or any other privacy policy or notice provided to you).

Coca‑Cola has the discretion to terminate your access to the Services (in addition to any other available remedy) without notice if Coca‑Cola has a reasonable basis to believe that you are using the Services in violation of these Terms.

10. DO ANY TERMS APPLY SPECIFICALLY TO USING THE APPS?

Except as expressly stated in this Section 10, these Terms apply to your download and use of our Apps.

Unlike a website, a mobile application is software that is downloaded to and installed on your mobile device. Even though it is downloaded to your mobile device, the Apps are licensed – it is not sold to you. You do not acquire any ownership interest in the Apps or any other right other than to use the Apps in accordance with and subject to these Terms.

You may download a single copy of an App to a mobile device owned or otherwise controlled by you solely for your own personal, non-commercial use. To provide you with certain functionalities, certain of the Apps must access various functions and data on your mobile device. For more information about how personal information is handled by the Apps, please review the Coca‑Cola Privacy Policy (or other privacy policy or notice made available to you when you downloaded an App).

The Apps and the rest of the Services may not have the exact same content.

We may from time to time develop and provide Updates (as defined in Section 4) to an App. Based on your mobile device settings, when your mobile device is connected to the Internet either the App will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates. You agree to download and install all Updates and acknowledge and agree that an App may not properly operate if you do not. All Updates to an App are deemed part of the App and the Services and subject to these Terms.

Coca‑Cola reserves and retains the entire right, title and interest in and to the Apps, including all Coca‑Cola Marks (defined in Section 8) and, as between Coca‑Cola and you, all other copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

When you download any of the Apps from Apple's App Store or Google Play (each, an App Platform), you acknowledge and agree that:

• As between Coca‑Cola and the App Platform, Coca‑Cola is solely responsible for the Apps.
• The App Platform has no obligation to provide any maintenance and support services with respect to the App.
• If our App fails to conform to any applicable warranty: (i) you may notify the App Platform and the App Platform may refund the purchase price for an App (if applicable), (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the Apps, and (iii) other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between Coca‑Cola and the App Platform, Coca‑Cola’s responsibility.
• The App Platform is not responsible for addressing any claim you have relating to the Apps or your possession and use of the Apps.

If a third party claims that an App infringes another party's intellectual property rights, as between the App Platform and Coca‑Cola, Coca‑Cola is responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

• The App Platform and its subsidiaries are third-party beneficiaries of the applicable terms of use as they relate to your license to use an App. Upon your acceptance of the terms and conditions of our terms of use, the App Platform will have the right (and will be deemed to have accepted the right) to enforce the terms of use as related to your license of an App against you as a third-party beneficiary thereof.
• You must also comply with all third-party terms applicable through the App Platform when using an App.

To learn more about the specific data collected by any of the Apps, please check your mobile device settings or review the disclosures on the App Platform from which you downloaded the App. To stop the collection of all data through an App, please uninstall it.

You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

11. WHEN DO THESE TERMS TAKE EFFECT?  WHEN DO THEY TERMINATE?

These Terms are effective when you acknowledge them as part of creating an account, downloading an App or using any of the Services in which these Terms are linked (subject to the exception noted in Section 2). These Terms are in effect until terminated by you or Coca‑Cola.

You may stop using the Services at any time and for any reason. If you want to delete your account, please contact Coca‑Cola using the contact information provided in Section 15 and/or uninstall any or all of the Apps.

If you want to correct or delete the personal information associated with your account, please see the “Your Choices” section of the Coca‑Cola Consumer Privacy Policy (or other privacy policy or notice provided or made available to you).

Coca‑Cola may terminate your account immediately and automatically without any notice if you violate any law applicable to use of the Services. Coca‑Cola reserves the right to terminate an account and access to the Services with or without notice if Coca‑Cola has a reasonable basis to believe that a user is accessing or using the Services in violation of these Terms.

Coca‑Cola may suspend your access to the Services, cancel your account or terminate these Terms at any time without notice if we detect or suspect a breach of security or if Coca‑Cola ceases to offer or support any of the Services, which Coca‑Cola may do in its sole discretion.

We will try to provide advance notice to you prior to our terminating your access to the Services so that you are able to retrieve any important user Information (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security or otherwise harmful to the rights or property of Coca‑Cola.

When these Terms terminate, the rights granted by Coca‑Cola terminate and you must cease all use of the Services and delete all copies of the Apps from your mobile device.

Any provision of these Terms that, by its nature, should survive termination of these Terms shall survive termination. By way of example, all of the following provisions will survive termination: any limitation on our liability, terms regarding ownership or intellectual property rights, any obligation you have to pay us, and terms regarding disputes between us. Termination does not and will not limit any of Coca‑Cola’s or your rights and remedies at law or in equity.

12. WHO IS RESPONSIBLE FOR LINKED SERVICES?

The Services contains links to other websites and resources provided by third parties (including our marketing agency partners and social media platforms), third-party messaging services (e.g., Whats App) and in advertisements (collectively, Linked Services). Coca‑Cola cannot and does not control Linked Services even though some Linked Services allow you to export your information to them, such as “like” or “share” features on social media. Please carefully review the privacy policies and other terms of use for all Linked Services. If you decide to access any of the Linked Services, you do so entirely at your own risk and subject to the terms and conditions applicable to the Linked Services and not these Terms.

The Services may include third-party software that is offered generally available free of charge under open source or similar licenses (Third Party Software). Although the Services provided to you are subject to these Terms, Third Party Software included in the Services may be subject to other licenses or usage terms, which will be presented to you as and when applicable.

13. HOW IS COCA-COLA’S LIABILITY LIMITED UNDER THESE TERMS?

Coca‑Cola’s Disclaimer of Warranties

WHERE PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COCA-COLA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND CONTENT AND SUPPLIERS (COLLECTIVELY,
COCA-COLA PARTIES) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NONE OF THE COCA-COLA PARTIES PROVIDES ANY WARRANTY OR UNDERTAKING OR MAKES ANY REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERROR OR DEFECT CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitations on Coca‑Cola’s Liability

Coca‑Cola is liable for reasonable direct and foreseeable damages caused by Coca‑Cola’s material breach of these Terms, subject to the provisions of these Terms.

To the fullest extent permitted by applicable law, Coca‑Cola is not and will not be responsible or liable for:

• Damages that are not foreseeable, including consequential damages.
• Exemplary or punitive damages.
• Any loss of profit, loss of business, loss of contract, business interruption, anticipated savings, goodwill or loss of business opportunity in connection with your use of the Services.
• Viruses or other malicious software obtained by accessing the Services or errors, glitches, delays or disruptions in the Services
• Losses related to actions of any third party, including use of or inability to use Linked Services.

EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE COCA-COLA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Nothing in these Terms is intended to exclude or limit liability in any way that is unlawful, including liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or other intentional conduct. IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE COCA-COLA PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

AS A CONSUMER, YOU BENEFIT FROM ANY MANDATORY PROVISION OF THE LAW OF JURISDICTION IN WHICH YOU RESIDE. NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER TO RELY ON THE MANDATORY PROVISIONS OF LOCAL LAW.

14. HOW WILL COCA-COLA COMMUNICATE WITH CONSUMERS?

When you use the Services or send emails to us, you communicate with us electronically. Depending on your choices and account settings, we will communicate with you electronically in a variety of ways, such as by email, text message or App push notification, or by posting a message in the App or otherwise through the Services. Some of these communications are automatic and some are sent by default as part of the Services. We may add or remove certain types of communications from time to time. You can adjust whether you receive certain electronic communications in your account settings. Although you can disable certain communications, we may still send you notices as needed to allow us to provide certain parts of the Services to you, such as notifying you about a security incident.

You agree that all agreements, notices, disclosures and other communications that we electronically provide to you satisfy any legal requirement that such communications be in writing unless mandatory applicable laws specifically require a different form of communication. Certain electronic communications may be subject to fees or charges from your carrier or service provider.

If your email address or other contact information changes, you are responsible for informing Coca‑Cola. Changes to your email address will apply to all of your communications from us.

Certain communications could include information about your account, such as a password reset request. Anyone with access to your email account or mobile device could view the content of these communications.

When we send marketing or promotional communications, we do so based on your consent as and when required. You also can control our email marketing communications by clicking the unsubscribe link in the footer of each marketing email.

15. HOW DO I CONTACT COCA-COLA?

To contact Coca‑Cola about these Terms, the Coca‑Cola Consumer Privacy Policy or Coca‑Cola’s personal information processing, please contact us at https://www.coca-cola.com/us/en/about-us/contact-us.

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.GET.COKE (1.800.438.2653) or using any other jurisdiction-specific information made available through the Services.

To contact Coca‑Cola about our Privacy Policy and how we handle personal information that we collect from or about users, please use the contact information provided in our Coca‑Cola Consumer Privacy Policy.

16. MISCELLANEOUS

    a. These Terms (including the Coca‑Cola Consumer Privacy Policy or other privacy policy or notice provided to you) contain the sole and entire understanding by and between Coca‑Cola and you with respect to the Services and matters contained herein and supersede all prior and contemporaneous understandings and agreements, whether written and oral, regarding the Services.

    b. You agree that your use of a keypad, mouse or other device to select a button or icon or similar act or to otherwise provide Coca‑Cola any acknowledgment or consent constitutes your electronic signature, which is equivalent to your signature in writing. You also agree that no third-party verification is necessary to validate your electronic signature. You further agree that each use of your electronic signature in connection with the Services constitutes your agreement to be bound by these Terms of Service as they exist on the date of your electronic signature.

    c. These Terms inure to the benefit of and are binding on Coca‑Cola’s and your successors and assigns, respectively.

    d. Coca‑Cola may assign these Terms to a successor in interest (in whole or in part) but you may not assign the Terms without the prior express written consent of Coca‑Cola.

    e. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.

    f. No waiver by Coca‑Cola of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term. Any failure Coca‑Cola to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

    g. Nothing contained in these Terms creates a partnership, joint venture, agency or other such relationship by and between Coca‑Cola and you.

    h. If Coca‑Cola is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such cause.

    i. Headings and captions are for convenience only. Except as otherwise provided or made clear by the context, use of the words or phrases including, include, in particular, for example, such as, or any similar expression, are to be construed as illustrative and will not limit the sense of the words, descriptions, definitions, phrases, or terms preceding or following those words.

17. DISPUTE RESOLUTION

Coca‑Cola would appreciate the opportunity to solve any issue about the Services with you directly. If you would like to bring a matter to our attention, please contact us at https://www.coca-cola.com/us/en/about-us/contact-us.

You agree to resolve disputes, claims and causes of action arising out of or connected with your use of the Services (each, a Dispute) as set forth in this Section 17. Subject to the jurisdiction specific provisions below, these Terms and your use of the Services are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions.

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

For Canadian Consumers: You and Coca‑Cola agree that these Terms are governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.

For EU Consumers: If you are an EU resident, you may bring a claim to enforce your consumer protection rights in connection with these Terms in the EU Member State in which you reside. Also, the European Commission provides for an online dispute resolution platform that you can access here: https://ec.europa.eu/consumers/odr. More information about your rights as a consumer is available here.

For Italian Consumers: Any dispute between you and us relating to these Terms will only be dealt with by the courts of the place in which you are domiciled or resident. You may also apply for an out-of-court mechanism to solve any dispute relating to these Terms (in accordance with Sections 141 – 141 decies of the Italian Consumers’ Code, 6 September 2005 no. 206). For example, you may utilise or consult the European Online Dispute Resolution platform referred to above.

For consumers in Bangladesh, Bhutan, India, Maldives, Nepal and Sri Lanka: These Terms and your use of the Services are governed by the laws of your place of habitual residence, without regard to choice of law provisions. The courts of competent jurisdiction located in that place of habitual residence will have exclusive jurisdiction over all disputes arising out of, relating to or concerning these Terms.

For U.K. consumers: These Terms and their subject matter are governed by and construed in accordance with the laws of England & Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction (except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.)

For U.S. Consumers:

Choice of Arbitrator and Rules.  A Dispute 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 Services 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.

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.

CLASS ACTION WAIVER
Where permitted by applicable law and in the United States, Coca‑Cola and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We each waive any right to a jury trial.

18. JURISDICTION-SPECIFIC TERMS

FOLLOWING IS INFORMATION ABOUT CONSUMER RIGHTS AND CHOICES FOR SPECIFIC JURISDICTIONS. WE ENCOURAGE YOU TO REVIEW THE RELEVANT SECTIONS.

For California consumers: If you are under age 18 and a resident of California, you may have the right to request removal of your User Content that you chose to made public on the Services. To request removal of your User Content, please contact Coca‑Cola at <email> with the subject line “California Minor User Content Removal”. Please note that the removal right is not absolute – the right applies to your original posting of your User Content but not subsequent sharing or publication by others and not to content about you shared by other people. The removal right also does not apply if you received compensation or other consideration for posting the User Content. Coca‑Cola cannot ensure comprehensive removal of the User Content from the Internet.

If you are a Californian and want to request that Coca‑Cola delete personal information that we hold about you, please see the California section of the Coca‑Cola Privacy Policy.

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is: The Coca‑Cola Company, One Coca‑Cola Plaza, Atlanta, Georgia 30313.

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending an email to https://www.coca-cola.com/us/en/about-us/contact-us. 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.GET.COKE (1.800.438.2653)

For all U.S. consumers: 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.

For German consumers: Nothing in these Terms limits or excludes Coca‑Cola’s liability for gross negligence concerning users based in Germany. In compliance with the rules of the German Advertising Federation (Deutscher Werberat, ZAW), Coca‑Cola does not conduct advertising or marketing activities directed towards consumers under age 14. As such, the Services are not directed to or intended for use by anyone under the age of 14.

Last Updated: November 29, 2022

• 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://www.coca-cola.com/us/en/about-us/contact-us.
• 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”). 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. Note that if you have a separate contractual relationship with us, those terms will control in the event of any conflict.

ACCOUNT REGISTRATION

Creating an Account. To use certain portions of the Sites, you may be required to create an account (“Account”) and create a password. To create an Account, you must have a unique, valid email address. Accounts cannot be shared. Your user name and password are for your personal use only and should be kept confidential.

Prohibition on Multiple Accounts. Each individual can have only one (1) Account. If you attempt to exceed this limit in any way, we reserve the right, in our sole discretion, to lock, disable, block or delete your Account(s).

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.

User Names and Passwords. 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 links 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

Interactive services (chatbot, managed chat, etc.) Consent and Disclaimers. This site provides various interactive services, including chatbot and managed chat functionality. You agree that we may monitor and retain a transcript of all communications with you via these interactive tools to provide the tools and for quality and verification purposes. Your use of any of these tools is governed by these Terms of Use and Privacy Policy.

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. The Sites and their Contents are protected in the U.S. and elsewhere by patents held or licensed by The Coca‑Cola Company or affiliated companies. The following website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act and provide notice under 35 U.S.C. § 287(a): http://www.35usc287.com/mobile.

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 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 – All Sites Except the Coke&GO App

For Terms and Conditions for the International Coca‑Cola Store, click‑ here.

Whenever you buy a product through the Sites, you will be contracting with our third-party vendor, Bounteous, Inc. (“Bounteous”), a Delaware limited liability company with a place of business at 4115 North Ravenswood Avenue #101, Chicago, Illinois 60613. You will look solely to Bounteous 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 Bounteous 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 Bounteous 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 Bounteous 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 may be added to your order during the checkout process where applicable. 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 During the order process, there are lots of opportunities to amend, remove and add items. Once an order is placed, we cannot make changes, especially because so much of our merchandise is personalized. However, if you feel like you have made an error, please contact our Customer Service Team at 1-800-557-4616 or by using our Contact Us form, 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 Customer Service Team 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 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 calling 1-800-557-4616 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 Bounteous’ 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.

Terms of Use and Sale – Coke&GO App

ACCOUNT REGISTRATION

Each individual can have only one (1) Account. When using the Coke & GO app, you agree that you will not create an account for anyone other than yourself, create an account with the intent to impersonate another person, or falsify any element of Coca‑Cola’s eligibility verification processes. Coca‑Cola reserves the right to deny registration or to cancel or suspend an account at any time if we detect or suspect violation of these Terms. You may not create an account if you were previously suspended or terminated from using the Services.

Whenever you buy a product through the Smart Cooler using the Coke&GO app, you are purchasing from the applicable local authorized Coca‑Cola bottler. You will look solely to each applicable local authorized bottler with respect to any disputes, claims, and causes of action arising out of or connected with your purchase of a product through the Coke&GO app.

General Requirements. By making a purchase, you represent and warrant that:

• You are at least 18 years of age;
• You are an individual consumer, the product is being purchased solely for your personal use, and you will not market, resell or otherwise distribute the product to any third party for commercial purposes.

Making a Purchase. To make a purchase from a Smart Cooler using the Coke&GO app, you will use the Coke&GO app to open the cooler door, select your beverage and then close the cooler door. You will then see an order review screen in the app, which will detail the products you have selected for purchase. From time to time, we may not be able to process a purchase for the following reasons: (a) the cooler is not functioning properly; (b) your payment method was declined; (c) the Coke&GO app is not functioning properly; or (d) you do not meet the eligibility criteria set forth in these Terms of Use and Sale.

Payment. You can pay for your goods using major credit or debit cards.

Prices and Sales Tax. Prices shown on the Smart Cooler and/or in the Coke&GO app include sales tax.

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 purchase by emailing customer support within the Coke&GO app (Support > Email Support) or by calling Coke&GO customer support at 1-844-561-2653. 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. We reserve the right to refuse a refund request. You can request a refund by calling 1-844-561-2653 or emailing customer support within the Coke&GO app (Support > Email Support). 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 purchase, please contact the Coke&GO customer support team by calling 1-844-561-2653 or emailing cokeandgo@coca-cola.com. If possible, please provide the asset number and outlet number found on the sticker on the side of the cooler.

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

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. If you engage in any fraudulent or unsportsmanlike activity or act contrary to the applicable rules, these Terms or any laws, your participation and Account privileges may be suspended or terminated, resulting in the loss of offers, prizes or other items.

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.

Last Updated: April 3, 2023

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Participants may exit the program at any time by sending the word STOP to the specific mobile short code associated with the program/brand. Participants in need of assistance must send the keyword HELP to the specific mobile short code associated with the program/brand.

The text-messaging service is provided without charge, outside of the standard text messaging and data rates for text messages sent and received from a participant's handset according to the terms and conditions in their wireless calling plan (only Message and Data Rates May Apply). The text-messaging service may be subject to fees and charges imposed by a participant's wireless service provider under their mobile plan; beyond the control of The Coca‑Cola Company. Text messaging and wireless service are not available in all areas. Not all handsets may be supported.