Terms and Conditions

Coke Shout Outs Terms and Conditions

These ‘Terms and Conditions’ were updated on 16 October 2020 and comprise the terms on which you enter your video submission to the Coke Shout Outs campaign on the http://www.shoutout.coke.co.nz/ internet website. These terms should be read together with and incorporate herein by reference this Website’s Terms of Use https://www.coke.co.nz/mycoke/terms-of-use.

In these Terms and Conditions:

Affiliates refers to any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of CCO and shall include any authorised bottlers of The Coca-Cola Company.

Campaign refers to the Coke Shout Outs advertising campaign.

CCO refers to Coca-Cola Oceania Limited (NZBN 9429037914967) of The Oasis, 19 Carbine Road, Mt Wellington, Auckland NEW ZEALAND.

Entry or Submission means any video submitted via this Website.

Intellectual Property means, without limitation, existing and future copyright, registered designs, trade marks, applications for the registration of designs or trade marks, and rights in relation to registered and unregistered designs or trade marks throughout the world.

Website refers to this website, http://www.shoutout.coke.co.nz/

TCCC refers to The Coca-Cola Company

All references to times and dates are to times and dates in Auckland, which may be New Zealand Standard Time (“NZST”) or New Zealand Daylight Time (“NZDT”) depending on the date.

  1. Your Agreement to these Terms and Conditions

    By submitting your video Entry to the Campaign via this Website, you agree to accept these Terms and Conditions and the https://www.coke.co.nz/mycoke/privacy-policy Please read both of them carefully.

  2. Entry Eligibility

    By entering a Submission to this Website, you affirm that you are both a legal resident of New Zealand, and you are aged fifteen (15) years or older. You also affirm by entering that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to enter your Submission.

    You may enter as many Submissions as you like. Entries are open until 11.59PM, 22 January 2021.

    By entering a Submission to this Website, you warrant and agree that your Submission complies with the entry instructions provided at https://shoutout.coke.co.nz/.

  3. Judging Criteria

    Submissions will be individually judged on their creativity, merit, originality and fit for the Coca-Cola brand by a panel of judges appointed by CCO. Submissions are not guaranteed to be featured by CCO in its advertising, and CCO may decide to include or exclude any or all Submissions at its sole discretion. All of CCO’s decisions are final and no correspondence will be entered into in respect of the judging criteria.

    Successful entries chosen for inclusion in the Campaign will be notified by email.

  4. Intellectual Property

    1. 4.1 Assignment

      Upon entering your Submission via this Website, you assign absolutely and without limitation to CCO the whole of your title to and rights and interests in the Intellectual Property in the Submission, with effect from the date of entry.

    2. 4.2 Moral Rights

      You consent to CCO and its Affiliates:

      1. Using and reproducing your identity and any or all of the Submission in any form or medium, including broadcasting on television or publishing on this Website and on social media, the Submission in any and all media throughout the world and in perpetuity,

      2. Making material alterations to any of the Submission in CCO’s discretion and reproducing the Submission as altered in any form or medium,

      3. Incorporating any of the Submission in other works and reproducing the composite work in any form or medium,

      4. Reproducing any of the Submission without attribution of authorship to you,

      5. Exhibiting any of the Submission in public in any form or venue, and

      6. Licensing or authorising affiliates or third parties to do anything described in this clause.

    3. 4.3 Warranties

      By entering your Submission to this Website, you warrant that:

      1. The Submission has not been copied or adapted from any artistic work or other subject matter in which any person, other than you, CCO or its Affiliates may own any Intellectual Property;

      2. The reproduction or use of the Submission by CCO in its advertising or otherwise will not infringe the Intellectual Property of any third party;

      3. The Submission, at the date of its creation was original and had not been published anywhere in the world; and

      4. No person other than you or CCO and its Affiliates has any Intellectual Property in any of the Submission.

    4. 4.4 Without limiting any other terms herein, you hereby indemnify CCO and its Affiliates for a breach of any warranty contained within these Terms and Conditions, including those set out above.

    5. 4.5 You acknowledge and agree that you are not entitled to any payment or compensation by virtue of CCO or its Affiliates’ use of your Submission in its advertising or in any other manner or media.

  5. Assistance

    You agree to provide any assistance reasonably required by CCO in order to give full effect to these Terms and Conditions, including but not limited to the execution of any documents which are needed to give effect to the full vesting of any Intellectual Property in the Submission in CCO.

    You further agree to provide the name and identity of any third parties appearing in your Submission and facilitate securing release forms for any person(s) represented at CCO’s request.

  6. Privacy

    Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Website in entering your Submission or otherwise, will be used by CCO in accordance with the Privacy Policy https://www.coke.co.nz/mycoke/privacy-policy.

    You agree that CCO may contact you via your contact details provided in order to discuss your Submission. If your Submission is chosen to be featured on television, CCO may also use your provided postcode or state or territory of residence to ensure that your Submission is broadcast in your area.

    CCO reserves the right to release your private information to authorities and your internet service provider if you conduct any illegal activities or otherwise breach these Terms and Conditions.

  7. Conduct

    You agree not to engage in any activity that is disruptive or is detrimental to the operation or functioning of the Campaign or this Website.

    Nothing in these Terms or any acts of You or CCO shall be construed, implied or deemed to create an agency, partnership, association of persons, joint venture or employer and employee relationship between You and CCO.

  8. CCO’s Liabilities to You

    CCO assumes no liability or responsibility for any errors or omissions in the content of the Website.

    To the full extent permitted by law, the CCO, its Affiliates and Coca-Cola Amatil (NZ) Ltd and agencies and all those entities' personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any person in connection with any Submission, or broadcast or use thereof, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. Nothing in these Terms and Conditions is intended to exclude, restrict or modify a person’s rights under the Consumer Guarantees Act 1993 (the “Non-Excludable Rights”).

  9. Breach of these Terms and Conditions

    CCO may, in its sole discretion, disregard your Entry, prevent you from accessing the Website or remove, and discard any content within the Website if, for any reason, including without limitation, if CCO believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. CCO reserves the right to contact any authority or other relevant party and disclose any personal information and information, or take legal action, regarding your conduct at the Website its sole discretion.

CCO may at any time revise these Terms and Conditions by updating this posting.