TERMS & CONDITIONS

Last updated: 7th August, 2024

Terms & Conditions applicable to participants in the “[Summer Daze Coca Cola Activation]” Promotion.

[Summer Daze Coca Cola Activation] (the “Promotion”) is a promotion being organised by GSD Marketing Limited (C 3774) (the “Organiser”). Participation in the Promotion is subject to acceptance of these terms and conditions (the “Terms and Conditions”).

Duration

  1. The Promotion shall take place on 15th August 2024 (the “Promotion Date”).

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Eligibility and Participation

  1. To participate in the Promotion and be eligible to win participants must be eighteen (18) years of age and older (the “Participants” and “Participant” shall be construed accordingly), provided that employees, agents and affiliates of the Organiser, their family members and persons in any way connected with the Promotion, shall not be eligible to participate in the Promotion.
  1. Participants under the age of eighteen (18) years (the “Underage Participants” and “Underage Participant” shall be construed accordingly) are eligible to participate in the Promotion using separate vending machines designated specifically for them, which will offer different prizes. The Organiser reserves the right to request proof of identification from any Underage Participant prior to awarding any prize. Employees, agents and affiliates of the Organiser, their family members, and persons in any way connected with the Promotion are not eligible to participate in the Promotion.
  1. In order to participate in the Promotion Participants must press the designated button on one of the four vending machines at the Coca-Cola® stand at the Event on the Promotion Date.
  1. Upon pressing the designated button, the Participant will be in the chance to receive one (1) 30cl Coca-Cola® bottle (the “Product”) which will be dispensed from the vending machine.
  1. Several Products dispensed from the vending machines will carry stickers indicating the Prize (as defined under clause 8 below) which the Participant has won. Participants must retain the Product and the sticker as proof of their Prize entitlement.
  1. Each Participant is only eligible to press the designated button on the vending machine once and will receive only one (1) Product on the Promotion Date. Multiple attempts to press the button by the same Participant may result in disqualification.

The Prizes

  1. The prizes which are available to be won during the Promotion include the following:
  2. thirteen (13) Coca-Cola® t-shirts;
  3. ninety four (94) Coca-Cola® sunglasses;
  • twenty (20) Coca-Cola® caps;
  1. two hundred (200) Coca-Cola® hand fans;
  2. sixty (60) Coca-Cola® electric hand fans;

(the “Prizes”).

  1. The Organiser reserves the right to modify the available Prizes at any time during the Promotion.
  1. The Prizes are non-transferrable, non-exchangeable and non-assignable. The Prizes cannot be redeemed for any other Prize or modified by the winner or redeemed for cash.
  1. The Organiser shall not be responsible for defective Prizes.
  1. Participants will be required to collect the Prizes by presenting the Product and the sticker referred to under clause 6 to one of the representatives of the Organiser present at the Coca-Cola® stand at the Event on the Promotion Date.

Modifications and Termination of the Promotion

  1. The Organiser reserves the right to shorten, extend, and/or suspend the Promotion Date or otherwise modify any of the terms and conditions set forth in these Terms and Conditions at its sole discretion, at any time with or without notice and liability to Participants including, but not limited to, modifications relating to the methods by which Participants can win the Prizes and the Prizes available.
  1. The Organiser reserves the right to terminate or temporarily suspend the Promotion at any time, for any reason, with or without notice, even though the termination may affect a Participant’s ability to participate in the Promotion.
  1. A Participant’s participation in the Promotion constitutes the Participant’s acceptance of these Terms and Conditions as may be amended from time to time. Participants are responsible for keeping up to date with any changes that the Organiser may have make to these Terms and Conditions.

General Terms and Conditions

  1. The Organiser reserves the right to disqualify any Participant who engages in any improper activity or if the Participant breaches any of these Terms and Conditions or applicable law. Disqualification on these grounds may result in the loss of the Prize. In addition, the Organiser shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
  1. The Organiser 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 Promotion or the production or distribution of Promotion materials shall not be held responsible or liable in the event of a printing error or irregular packaging.
  1. Subject to clause 20, and to the fullest extent permitted by law, the Organiser, its officers, directors, shareholders, representatives, employees, promotion agencies, agents, successors, assignee, and, or service providers, shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the Promotion or in connection with the Prizes offered through the Promotion.
  1. Prizes may be provided by the Organiser’s third-party partners or merchants. The Organiser makes no representation or warranties of any kind regarding the nature or quality of any Prizes which are provided during the Promotion. The Organiser shall not be held responsible and to the fullest extent permitted by applicable law accepts no liability for any Prizes that are defective in any way or do not meet the Participant’s expectations or requirements.
  1. As a condition of participating in this Promotion, Participants agree that any and all claims shall be limited to actual, direct out-of-the-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys’ fees and/or any other indirect costs.
  1. All questions including, but not limited to, questions regarding eligibility to participate in the Promotion, or a Participant’s compliance with these Terms and Conditions will be resolved by the Organiser in its sole discretion by contacting the Organiser at: [email protected].
  1. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of the Participant and the Organiser in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Malta and the Courts of Malta shall have exclusive jurisdiction, 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.
  1. These Terms and Conditions constitute the entire agreement between the Participants and the Organiser pertaining to the subject matter herein and supersede 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.
  1. 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.
  1. In case of inconsistencies between these Terms and Conditions and any communication, advertisement and other promotional material relating to the Promotion, these Terms and Conditions shall prevail.