Terms & Conditions
General Terms and Conditions
Terms & Conditions applicable to Enrolees in the ‘My Coke Star Points” Loyalty Program
(the "Terms and Conditions")
A. Overview of the My Coke Star Points Loyalty Program
1. My Coke Star Points Loyalty Program (the “Program”) is a loyalty program organised by The General Soft Drinks Co Ltd (the “Organisers”) through which individuals can collect points by purchasing Coca-Cola PET Products (as set forth in section E below) that will contain a code underneath the label, (the “Code”) available while supplies last, or through other methods as may be added from time to time. Individuals can then visit www.mycoke.com.mt, (the “Website”), or text message the Code with a text-messaging capable device to +356 99180022 (the “Participation Number”) to have their accounts credited with the points they have collected. Individuals who credit their accounts via text-messaging will be charged at standard rates or preferential rates, if and when applicable.
2. Individuals may redeem their points for products or services available through the Website as set forth in section F below.
B. Eligibility
1. Employees of the Organisers and persons under the age of 16 are not eligible to participate in the Program.
C. Duration of Program
1. The current phase of the Program is scheduled to end on 31 December 2010 (the “Promotion Period”), but the Organiser reserves the right to shorten, extend, suspend, modify or cancel the Program at its discretion and at any time. Individuals can collect points by purchasing products and entering codes from Coca-Cola PET 1.5Ltr and 0.5Ltr products produced by General Soft Drinks Co. Ltd. Codes may be entered at any time and individuals may collect points at any time between 3 November 2008 and 31 December 2010 (The “Collection Period”). Individuals can collect points by the methods set forth in Section E below. Individuals will be able to redeem points as set forth in Section F below between 15 December 2008 and 31 December 2010 (the “Redemption Period”).
D. Enrolling in the program
1. Individuals age 16 and older may enrol in the Program by:
a) SMS: Individuals may enrol by text messaging the Code with a text-messaging capable device to the Participation Number. Once the system recognizes the mobile number as an unregistered participant, the individual will be asked to send his/her Identity Card number by SMS. Once the individual sends his/her valid Identity card number he/she will officially be registered as a member of the Program. Individuals will receive a notification by SMS to confirm that an account for the purpose of the Program (“Account”) has been created in their favour, at least 24 hours following successful receipt of valid ID no. The cost of enrolment by SMS is equivalent to the applicable rate of two (2) SMS transactions.
b) Web: Individuals may enrol in the Program by visiting the Website. To enrol, a participant must click on the ‘Register Now’ button and follow the onscreen instructions to create an Account. Enrolment through web is free of charge.
2. Once participants register for an Account and provide a valid identity card number, they will be enrolled in the Program (“Enrolees”). The number of points collected by such Enrolee will be recorded and tracked in the Enrolee’s Account.
3. By enrolling in the Program, Enrolees consent that the Organisers shall collect their personal data in order to permit and facilitate participation in the Program. By completing the procedures contemplated in Clause D hereof, the Enrolees consent to the Organisers processing their personal details in accordance with the Data Protection Act (Cap. 440 of the Laws of Malta). The Organisers will only process, including the disclosure of, personal details if and when it is required to do so under any applicable law. Enrolees have the right to access data which the Organisers holds about them, and, where applicable, the right to ask for a rectification or erasure of such data.
4. By enrolling in the Program, Enrolees consent to the Organisers using their personal data for direct marketing purposes, including but not limited to future promotions, services and events of the Organisers. In the event that Enrolees do not want to receive information from the Organisers in relation to such direct marketing, they must inform the Organisers in writing.
E. Collecting Point
1. Enrolees may collect points by purchasing and entering the Code from participating Coca-Cola® brands, including: 0.5 litre and 1.5 litre PET bottles of Coca-Cola, Diet Coke, Coca-Cola Zero, Sprite, Diet Sprite, Fanta Orange, Fanta Amara, Fanta Lemon, Fanta Zero and Dr. Pepper or as listed on the Website or through other means as may be determined by the Organisers, at any time during the Collection Period, available while supplies last. The Collection of such points may take place by:
a) SMS: Enrolees may collect points by text messaging a valid code with a text-messaging capable device to the Participation Number during the Collection Period, (or shorter period if indicated) after which they will be sent a statement of their Account by SMS. The Cost of participation by SMS is equivalent to the applicable rate of one (1) SMS transaction.
b) Web: Enrolees may log on to the Website during the Collection Period (or shorter period if indicated) and follow the links and instructions to sign in (if already registered). After signing in, click on the ‘Enter Codes’ button to enter the Code where indicated. Participation through web is free of charge.
2. Codes can only be used one time. An Enrolee may not participate in this Program more than ten (10) times every twenty four (24) hours. In addition, if an Enrolee enters twenty (20) invalid codes in twenty four (24) hours, the Organiser will have the right to disqualify, at its own discretion, the Enrolee from further participation in the Program.
3. Enrolees may not combine or transfer points with other Enrolee’s Accounts. Enrolees may not combine codes obtained by others for deposit into a single Enrolee’s account, or transfer, sell or otherwise dispose of codes in any manner in violation or attempted subversion of these Terms and Conditions. Any attempt to combine or transfer codes or points will result in disqualification from the Program and forfeiture of all points in any Enrolee’s Account if the Organisers believe (in its sole discretion) that an Enrolee/Enrolees has/have violated any of these provisions.
4. The Organiser reserves the right to change, add or remove the methods by which Enrolees can collect points. Enrolees are responsible for the payment of all taxes or charges which may result from the prize(s) received as part of the Program.
5. Once an Enrolee inputs the Code, the validation of the Code and potential points earned will be subject to verification by a system provider whose decisions on the outcome are in its sole discretion and are final and binding. Points will not be awarded until after the verification process is complete. Codes are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels or (b) any part of the code or the packaging item on which it is printed is counterfeit, altered, defective, tampered with or irregular in any away. The corresponding number of points will appear in the appropriate Enrolee’s Account within a minimum of twenty-four (24) hours after completion of the validation process, however, the Organiser reserves the right in its sole discretion to award points later than twenty-four (24) hours if additional time is needed for any reason.
6. Each Enrolee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly.
7. If an Enrolee believes that points were not properly accrued to his/her Account, the Enrolee must notify the Organisers within 15 days from the day the Code was entered on the Website or sent by SMS.
8. The Organiser reserves the right to require proof, including, but not limited to, the product packaging or promotional item. The Organiser’s decisions regarding the awarding of points are final and binding. Validated codes that are subsequently determined to be invalid for any reason are subject to disqualification and the corresponding points will be removed from the Enrolee’s Account to which the invalid validated points were credited.
9. As from the 18th of January 2010, Points received will be colour-coded, according to the product on which the code submitted was printed. Thus, Participants submitting Codes from the following Products (including 1.5 Litre or 0.5 Litre PET bottles) will receive coloured points as follows:
• Coca-Cola: Red Star Points
• Coca-Cola Zero: Black Star Points
• Diet Coke : Silver Star Points
• Fanta Orange, Fanta Lemon, Fanta Amara, Fanta Zero & Dr.Pepper: Orange Star Points
• Sprite & Sprite Zero: Green Star Points
Collectively referred to as "the Coloured Star Points".
10. Any coloured points collected in terms of the Program (or any other promotion organised by the Organiser in terms of the Program), prior to the 18th of January 2010, which were not redeemed against prizes, will remain valid and will be converted into coloured star points according to the original product on which the Code submitted was printed (as per point 9 above)
11. The Website shall list all the items that may be redeemed and the corresponding number/ colours of points which are required to redeem each prize.
12. The items that may be redeemed shall be subject to availability by the Organisers.
F. Redemption of Star Points and Prize
1. Participants having collected sufficient coloured points in their account to redeem a particular item, may proceed to redeem the item against their star points.
2. If Participants do not have the required points to redeem a particular item on the Website, they may avail themselves of the opportunity to reserve the item by placing it in a section of the Website entitled the ‘Wish List’.
3. Once an item has been placed in the Wish List, Participants shall be notified via the Website of the number of days within which the item must be redeemed. In the event that the Participant does not collect enough points and redeem the reserved item in the prescribed number of days (the ‘Reservation Period’), such reservation shall fall. Such item shall become available for redemption to other Participants and will be removed from the Participant’s Wish List.
4. Any individual who has any unclaimed item in his or her Wish List will not be entitled to add any further Items to his/her Wish List or redeem any other item until the item is redeemed/ the reservation period has expired and 28 days have passed from the initial reservation.
5. Enrolees may redeem their points for any terms of value (“Prizes”) listed in the ’Redeem Prizes’ section of the Website or any other official My Coke Star Points promotional material, including but not limited to flyers and printed adverts, while supplies last. The ’Prizes’ section will list the corresponding point value code of each item. Enrolees must comply with individual Prizes limitations, where indicated. The Organiser reserves the right to modify the list of items available for point redemption, as well as their corresponding point value, at any time for any reason during the Redemption Period.
6. In order to redeem prizes, the Enrolee must navigate through the items listed on the Website or on any other official My Coke Star Points promotional material and may choose any item still available for which the Enrolee has accumulated sufficient points for redemption:
a. Web: The Enrolee must select the image corresponding to the items the Enrolee wishes to redeem and must follow the links and instructions to complete the redemption process. As part of the redemption process the Enrolee will be notified of the actual items redeemed in the form of a digital code, and the location and dates for item collection. Enrolees are responsible for ensuring their Account information is accurate and up to date. Redeeming prizes through web is free of charge.
7. Should an item be out of stock or otherwise unavailable at the time in which the Enrolees choose to redeem it, the Enrolee will be notified and no points will be deducted from his/her Account. The Organisers cannot be held liable should an item be unavailable at the time of order.
a) Web: Once the Enrolee clicks on the chosen item; should it be unavailable, he/she will be notified that he/she is not able to redeem it at the time.
8. All point redemptions for products are final. Refunds, exchanges and other issues are governed by the terms and conditions applicable to the purchase and sale of the particular item and are not the responsibility of the Organiser.
9. Should the web log-in details or mobile phone of an Enrolee be lost or stolen, the Enrolee must immediately report the matter to the Organisers in order for necessary action to be taken.
10. The Organiser reserves the right to modify the available items for redemption and corresponding total number of points at any time during the Program.
11. Any points remaining in an Enrolee’s Account at the end of the Redemption Period will be forfeited without compensation. The points have no cash value and are only redeemable for Prizes offered pursuant to the Program.
12. Enrolees may redeem points in the manner set forth above until 31 December 2010 (at the end of the Redemption Period), unless extended or otherwise modified by the Organiser.
13. Only the Enrollees validly presenting their Identity Cards and Redemption Codes will be entitled to receive their prizes. Prizes must be redeemed from the respective location and on the respective dates, as specified on the notification.
14. The Organisers shall not be liable for any delays in the delivery of prizes to winning Participants.
G. Modifications and Termination of the Program
1. The Organisers reserves the right to modify any of the Terms and Conditions set forth herein – including but not limited to, the duration of the Collection Period and Redemption Period, methods by which Enrolees can collect points, the eligible products to be purchased, the number of points associated with the purchase of eligible products or other activities, the number of purchases through which Enrolees may collect points, the number of points that may be redeemed through the Program, and any of the options made available to Enrolees with respect to their Accounts – at any time, with or without notice, even though these changes may affect an Enrolee’s ability to accrue or use his/her points.
2. The Organiser reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with or without notice, even though the termination may affect an Enrolee’s ability to accrue or use his/her points. In the event of an early termination, Enrolees will have 30 days to redeem their points from the date in which the Program is announced to be terminated early. If the Program expires as scheduled, Enrolees will have until the end of the Redemption Period to redeem their points.
3. An Enrolee’s continued participation in the Program constitutes the Enrolee’s acceptance of any changes to these Terms and Conditions. Enrolees are responsible for remaining knowledgeable as to any changes that the Organiser may have made to these Terms and Conditions. The most current version of the Terms and Conditions will be made available on the Website and will supersede all pervious versions of these Terms and Conditions.
H. General Terms and Condition
1. The Organisers reserve the right to discontinue the participation privileges of any Enrolee who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any national law statutes or ordinances. Discontinued participation privileges may result in the loss of accumulated points. In addition to discontinuance of participation privileges, the Organisers shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
2. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individuals to use a single account for the purpose of accumulating points for combined use.
3. Points do not constitute property of an Enrolee and may be revoked at any time by theOrganisers as set forth herein. Points may not be transferred or assigned, and are not transferable upon death, as part of domestic relations matter or otherwise by operation of law.
4. The Organisers are not responsible for any incorrect or inaccurate information supplied by Enrolees while participating in the Program.
5. All questions or disputes regarding eligibility of the Program, collecting or redemption of points, or an Enrolee’s compliance with these Terms and Conditions will be resolved by The Organisers in its sole discretion.
I. Limitation of Liability
1. The Organisers are not responsible for incorrect or inaccurate transcription of information related to any of the equipment or programming associated with the Program or utilized by the Enrolee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service or for any other technical or non-technical error or malfunction.
2. In the event of a printing error or irregular packaging the Organisers and its respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releases”) shall not have any liability.
3. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ANY OF THE RELEASES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE ORGANISER IMPROPERLY DENIES AN ENROLEE ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS.
4. The Organisers, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assignee, and service providers, are not responsible for any products or services offered by the Prizes suppliers.
5. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE ORGANISERS AND THE PROMOTIONAL SUPPLIERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY PRIZES PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
6. As a condition of participating in this Program, Enrolees agree that
(a) any and all disputes, claims, and causes of action arising out of or connected with this Program, of any Prizes obtained through the Program, shall be resolved individually, without resort to any from of class action and non-exclusively by the Courts of Malta;
(b) any and all claims, judgments and Prizes shall be limited to actual out-of-the-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and
(c) under no circumstances will Enrolee be permitted to seek recovery for, and Enrolee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and waives any and all rights to have damages multiplied or otherwise increased.
7. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Enrolee and The Organisers in connection with Program, shall be governed by, and construed in accordance with, the laws of Malta without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than Malta.
8. These Terms and Conditions constitute the entire agreement between Program participants and the Organiser pertaining to the subject matter herein and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
9. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
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