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MelloYello.com Terms of Use
Last Revised: May, 2010

You Agree to These Terms by Using this Site

Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and The Coca-Cola Company are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

Ownership of Content

The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by The Coca-Cola Company or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of The Coca-Cola Company or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that The Coca-Cola Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Your Use of the Site

The Coca-Cola Company grants you permission to use the Site as follows:

  • with the exception of images of people or places that are located outside of the "Press Center" section of the Site, you may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content;
  • you may not use images of people or places that are located outside of the "Press Center" section of the Site without The Coca-Cola Company's written permission;
  • Content within the "Press Center" section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media;
  • you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without The Coca-Cola Company's written permission;
  • you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law – The Coca-Cola Company will fully cooperate with any law enforcementauthorities or any court order requesting or directing The Coca-Cola Company to disclose the identity of anyone posting or transmitting any such information or materials; and
  • you are prohibited from using the Site to advertise or perform any commercial solicitation.
Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by The Coca-Cola Company in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, The Coca-Cola Company neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. We use all reasonable efforts to include accurate and up to date information in the Site. However, Coca-Cola makes no warranties or representations as to the accuracy, correctness or reliability of the information contained in the Site. Accordingly, Coca-Cola assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site. Information in the Site is subject to change without notice.

Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, The Coca-Cola Company assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE COCA-COLACOMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Links to Third Party Sites

The Site may contain links to sites owned or operated by parties other than The Coca-Cola Company. Such links are provided for your convenience only. The Coca-Cola Company does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, The Coca-Cola Company specifically disclaims any responsibility if such sites:

  • infringe any third party's intellectual property rights;
  • are inaccurate, incomplete or misleading;
  • are not merchantable or fit for a particular purpose;
  • do not provide adequate security;
  • contain viruses or other items of a destructive nature; or
  • are libelous or defamatory.

Neither does The Coca-Cola Company endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of The Coca-Cola Company.

Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported:

  • into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

The Coca-Cola Company does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from The Coca-Cola Company's historical experience and our present expectations or projections. These risks include, but are not limited to, our ability to finance expansion plans, share repurchase programs and general operating activities; changes in the non-alcoholic beverages business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; fluctuations in the cost and availability of raw materials; interest rate and currency fluctuations; changes in economic and political conditions; our ability to penetrate developing and emerging markets; the effectiveness of our advertising and marketing programs; litigation uncertainties; adverse weather conditions; and other risks discussed in our Company's filings with the Securities and Exchange Commission (the "SEC"), including our Annual Report on Form 10-K, which filings are available from the SEC. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. The Coca-Cola Company undertakes no obligation to publicly update or revise any forward-looking statements.

Revisions to the Terms

The Coca-Cola Company may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Georgia, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Fulton County, Georgia, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

This Policy © 2010 The Coca-Cola Company. All rights reserved.

Win Tix, Catch Flicks Promo Official Rules

NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR TO WIN. Each text message, sent or received, may incur a charge as provided in your rate plan. Standard message and data rates may apply. If you enter via text messaging, you will receive 4 text messages in response to your entry and up to 2 program alerts per month. See your wireless carrier plan for pricing details. Text messaging may not be available through all wireless carriers.

  1. Eligibility: The Win Tix, Catch Flicks Promo (the "Instant Win Game") is open only to legal residents of the 50 United States or the District of Columbia who are 13 years old or older at the time of entry. Employees of The Coca Cola Company, Coca-Cola bottlers, TPG Rewards, ePrize, Inc., and their respective parent companies, subsidiaries, affiliates, agents, and those prize providers and agencies that are involved in the development or execution of this Instant Win Game or any of its materials, and the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible. The Instant Win Game is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
  2. Sponsor: The Instant Win Game is sponsored by Coca-Cola North America, a division of The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069. Sweepstakes Prize Provider: TPG Rewards, 111 John St., 27th floor, New York City, NY 10038.
  3. Agreement to Official Rules: By participating in the Instant Win Game, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Instant Win Game.
  4. Promotion Period: The Instant Win Game begins at 12:00 p.m. Eastern Time ("ET"), March 4, 2013 and ends at 11:59 p.m. ET, July 31, 2013 (the "Promotion Period"). Administrator’s computer is the official time-keeping device for this Instant Win Game.
  5. How to Enter: There are 2 ways to enter:
    1. a. Purchase Specially-Marked Mello Yello Products and Enter via Text Message: During the Promotion Period and while supplies last, purchase any specially-marked Mello Yello product. Each specially-marked product will contain a unique 14-digit code under the cap or printed inside the Fridge PackTM (the "Product Code"). During the Promotion Period, using a 2-way text-messaging-capable device (the "Device"), text the Product Code to the short code 75575. Then, input the requested information to confirm your date of birth. If you are eligible, each text message constitutes 1 Instant Win Game play. You will then be instantly notified via text message if you are a potential winner of 1 of the Instant Win Game prizes.
    2. If you play the Instant Win Game via this method of entry, you will receive a total of 4 text messages in response to your entry and up to 2 program text message alerts per month, unless you opt out from receiving such alerts by following the designated process. If you wish to stop receiving informational text message alerts, text STOP to 75575 to end or text HELP to 75575 for more information. Contact 1-866-775-5806 or go to www.melloyello.com for help. Entrants who play the Instant Win Game using a Device will be charged according to their carrier’s standard text-messaging rates and entrants should contact their carrier for pricing plans and details. Check your owner's manual for specific text-messaging instructions. Text messaging may not be available through all wireless carriers. The following carriers are supported, but are not sponsors of this Instant Win Game: ACG, AT&T, AWCC, Boost, Cincinnati Bell, Cricket Wireless, Interop, MetroPCS, Nextel, Sprint, T-Mobile ®, US Cellular®, Verizon Wireless, and Virgin Mobile USA.
    3. b. Alternate Method of Entry ("AMOE"): To play the Instant Win Game without purchasing specially-marked Mello Yello products or without using a Device, follow the instructions below to request an AMOE code (the "AMOE Code").
    4. (i) Mail-In AMOE Code Request (available from February 23, 2013 at 12:00 a.m. ET through July 21, 2013 at 11:59 p.m. ET): To request an AMOE Code, mail a 3"x5" piece of paper with your name, home mailing address, email address, date of birth, day/evening/cell phone numbers in an envelope with proper postage to "Win Tix, Catch Flicks Promo – AMOE Code Request, c/o ePrize, Inc., Dept. 591677, P.O. Box 5046, Kalamazoo, MI, 49003-5046. All requests must be postmarked by July 22, 2013 and received by July 29, 2013. Limit: 1 request per envelope. All requests must be hand printed and become the exclusive property of the Sponsor. None will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by the Sponsor. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due requests, which will not be honored.
    5. (ii) Online AMOE Code Request (available from July 22, 2013 at 12:00 a.m. ET through July 31, 2013 at 11:59 p.m. ET): To request an AMOE Code online, come back between July 22, 2013 at 12:00 a.m. ET and July 31, 2013 at 11:59 p.m. ET . You must be logged in to your Mello Yello account (the “Account") to request a code. If you do not have an Account, visit www.melloyello.com and follow the instructions to register and create your Account. Creating an Account is free. To create an Account, you must have a unique, valid email address. Limit: 1 Account per person. Accounts cannot be shared. Persons determined to have more than 1 Account will be disqualified. Once logged into your Account, please go to the official rules page on www.melloyello.com and follow the links and instructions to request an AMOE Code.
    6. The AMOE Code will be emailed to the email address provided in your mail-in AMOE Code request (for Section 5(b)(i), above) or the email address used to register for your Account (for Section 5(b)(ii), above). Once you have obtained an AMOE Code, visit the website address in the email you received with the AMOE Code (obtained through either method described above) and follow the links and instructions to input that AMOE Code where indicated to receive 1 Instant Win Game play. After entering your AMOE Code, you will then be instantly notified on the website if you are a potential winner of 1 of the Instant Win Game prizes. You must access the AMOE entry page through the link located in the email that you received.
    7. The Instant Win Game is not compatible with systems using Opera Web Browsers. If you played via the text-messaging method described in Section 5(a) above and received a potential winning message, you will be required to reply with your email address. Then, a digital prize code ("Prize Code") and redemption instructions will be delivered via text message to the Device you used to play the Instant Win Game, subject to verification. If you played via the mail-in or online AMOE described in Section 5(b) above, and received a winning message after inputting your AMOE Code into the website, the redemption instructions will be delivered via electronic message to the email address you used to register for your Account, subject to verification.
    8. Limit: Up to 2 Instant Win Game plays per day during the Promotion Period, regardless of method. Multiple participants are not permitted to share the same email address or Device. Any attempt by any participant to obtain more than the stated number of plays by using multiple/different email addresses, Devices, identities, registrations or logins, or any other methods will void that participant’s plays and that participant may be disqualified. Any use of robotic, repetitive, automatic, programmed or similar play methods or agents (including, but not limited to, sweepstakes entry services) will void all plays by that entrant. In the event of a dispute as to any play, the authorized account holder of the email address or Device used to play will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Otherwise, the "authorized account holder" of a Device is the natural person in whose name the Device has been issued and the services are billed. Potential winners may be required to show proof of being authorized account holders. AMOE Codes will expire at the conclusion of the Promotion Period. Prize Codes will expire 30 days after the win date.
  6. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME DISPLAYS A WINNING MESSAGE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID AND WILL NOT BE HONORED.
  7. Instant Win Game Prize Selection and Verification of Potential Winners: Potential winners must comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. Administrator is an independent judging organization whose decisions as to the administration and operation of the Instant Win Game and the selection of potential winners are final and binding in all matters related to the Instant Win Game. There will be 14,348 random, computer-generated winning times during the Promotion Period with 1 winner being selected during each 15 minute period of the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly-generated times, you will be a potential instant winner of the prize indicated. On or around August 8, 2013, Administrator will conduct one random drawing from among all eligible players who played the Instant Win Game and have not been disqualified for suspected fraud or reached the household limit for number of prizes and will select potential winners for any prizes that were not previously awarded for reasons of suspected fraud, household limiting, or any downtime during the Promotion Period during which the Instant Win Game was not functioning as planned. All other unclaimed prizes will not be awarded. Prizes will be fulfilled upon redemption.
  8. Prizes: 14,348 GRAND PRIZES (1 EVERY 15 MINUTE PERIOD): An e-Movie Cash ticket, valid for up to $12.00 towards admission at a participating e-Movie Cash theatre. e-Movie Cash ticket will be awarded as a link via email or text message. Subject to Provider terms and conditions http://emoviecash.com/tpg/tc_dcr_my.html. Please refer to win notification sent to your email for complete details. Approximate Retail Value ("ARV"): up to $12.
    1. For All Prizes: Sponsor and Administrator are not responsible for complaints or issues regarding Prize codes or e-Movie Cash ticket or links (claims that code is invalid, insufficient, etc.) and winner should address any such issues with the issuer of the code or ticket. No substitution, exchange, or transfer of prize by any winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. Odds of winning an Instant Win Game Prize depend on the number of prizes available divided by the number of eligible Instant Win Game plays. Each prize winner is responsible for all taxes and fees associated with prize receipt and/or use. Limit: 5 prizes per household. Total ARV of All Prizes: up to $172,176.
  9. Publicity: Except where prohibited, participation in the Instant Win Game constitutes winner’s consent for Sponsor and its designees to use winner’s name, prize information, likeness, city and state of residence for promotional purposes in any media without further consideration.
  10. General Conditions: In the event that the operation, security, or administration of the Instant Win Game is impaired in any way for any reason, including, but, not limited to, fraud, technical failures, regularly-scheduled maintenance, virus or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Instant Win Game to address the impairment, then resume the Instant Win Game in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Instant Win Game and award the prizes in a random drawing from among all eligible entries received up to the time of impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Instant Win Game or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor"s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  11. Release and Limitations of Liability: Except where prohibited, by participating in the Instant Win Game, entrants agree to release and hold harmless The Coca-Cola Company, Coca Cola bottlers, TPG Rewards, ePrize, Inc., their respective parents, subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, and the officers, directors and employees of each of them (the “Released Parties") from and against any claim or cause of action arising out of participation in the Instant Win Game or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Instant Win Game; (b) technical errors related to cellular networks, computers, servers, providers, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Promotion or the processing of registrations and game plays; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Instant Win Game or receipt or use of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the Instant Win Game and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an entrant’s play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Instant Win Game play, if it is possible. If the Instant Win Game, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth herein to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
  12. Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Instant Win Game or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Instant Win Game, but in no event attorneys" fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Instant Win Game, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
  13. Instant Win Game Results: For a winner list, visit http://bit.ly/VkaSDK. The winner list will be posted after winner confirmation is complete.

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