#TASTETHEFEELING

TERMS OF USE

Version 1, last updated: 19th February 2019

 

Foreword

The website www.mycoke.com.mt (“Website”) is operated and owned by The General Soft Drinks Company Limited (“We, “Us”, “Our”), a company registered in Malta, bearing company registration number C1591 and having its registered address at Marsa Industrial Estate, Marsa, MRS 3000, Malta.

Your access to, and use of, the Website (including all of its contents) is subject to these Terms and Conditions (“T&Cs”). By accessing or making use of this Website, you are agreeing to be bound by these T&Cs. If you do not agree with these T&Cs, then you are to refrain from accessing or making use of this Website.

Disclaimer

Whilst we seek to ensure that the information on Our Website is complete and accurate, we do not warrant the accuracy and/or completeness of any information on our Website. We also make no commitment to keep the information on our Website up to date. We accept no responsibility for any direct, indirect or consequential loss or damage which may occur to you through your use of Our Website.

Intellectual Property

The content found on this Website is our property and is protected by copyright and may be protected also by trademarks owned or licensed to Us. It may be displayed, printed or used for your personal and non-commercial use only. You may not copy, transmit, amend, reproduce or redistribute in any form whatsoever the information contained in this Website without our prior written consent. Authorization to reproduce material from websites linked to this Website must be obtained from the right-holder concerned.

Links to Other Web Sites

The Website may contain links to third-party websites or services that are not owned or controlled by Us.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party websites or services.  You hereby agree that We shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with third party websites or services.

Account Registration

This Website permits you to create an account with Us (“Account”) for the sole purpose of participating in promotional campaigns which We may run from time to time and which may be made available on the Website (“Campaign/s”).

Opening of an Account is subject to your acceptance of these T&Cs and Our Privacy Policy which is accessible at www.mycoke.com.mt/mcls/campaign-terms-and-conditionsand www.mycoke.com.mt/mcls/privacy-policyand which is being incorporated herein by reference.

By opening an Account, you warrant that the personal data provided is complete, accurate and truthful.

You understand and accept that We shall process your personal data in accordance with the EU General Data Protection Regulation and the Data Protection Act (Chapter 586 of the Laws of Malta and Our Privacy Policy.

Please take the time to get acquainted with these T&Cs and Our Privacy Policy before you create an Account. You will not be allowed to open an Account unless you confirm that you accept these T&Cs by clicking the checkbox “I accept the Terms and Conditions” and Privacy Policy by clicking the checkbox “I accept the Privacy Policy”.

You may use the Account exclusively for the purposes of participating in Our Campaigns and for no other purpose.

To open an Account, you must choose your unique username and a password.

We reserve the right to deny or retract, for whatever reason and without cause, any username selected.

You may change your password at any time by accessing your Account and clicking “update password” in the Change Password section. You are advised to choose a non-predictable password for security and to keep your password secret. In the event that there is a concern that the secrecy of your password has been lost, you should notify Us immediately. We are in no way responsible or liable if you forget, misplace or lose your password or otherwise third parties access your Account using your password.

You are allowed to open only one Account. We shall have the right to close your Account and your participation in any Campaigns if you hold more than one Account in your name.

You must be at least 18 years of age to open an Account.

Account Closure

You may close your Account by accessing your account and clicking “delete account”.

Upon the termination of the Campaign, or if you choose to close your Account prior to such termination, We shall immediately irrevocably delete and destroy any and all data related to your Account (unless we are under an obligation to retain your data as a result of a legal obligation imposed on us), including your personal data and any points or codes that you may have collected in your Account will be lost.

If you close your Account, you will not be able to further participate in any Campaign (ongoing and upcoming).

Participation in Promotional Campaigns

Opening an Account is required for you to participate in Our Campaigns.

Each Campaign may have its own specific terms and conditions (“Campaign T&Cs”). Participation in any Campaign remains subject to your acceptance of any specific Campaign T&Cs.

To participate in a Campaign, you may be asked to supply additional information which is relevant to that specific Campaign.  You acknowledge that in order to participate in a Campaign, you must also accept the Campaign T&Cs. Furthermore, if you are a winner in any Campaign, you might also have to accept other terms, conditions or policies in order to be able to collect your prize.

Changes

We reserve the right, exercisable at Our sole discretion, to modify or replace these T&Cs at any time. 

If We make any such changes, the updated version of these T&Cs will be posted on Our Website. Your continued use of the Website means that you have accepted any such changes.

Severability

If any of the provisions of these T&Cs becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remainder of these T&Cs shall not be affected.

Governing Law & Jurisdiction

The T&Cs are governed by and construed in accordance with the laws of Malta. Any dispute in connection with this Website or these T&Cs shall be subject to the exclusive jurisdiction of the Courts of Malta.

 

PRIVACY POLICY

1. Introduction

Welcome to our privacy notice (“Notice”) for the website www.mycoke.com.mt

We at The General Soft Drinks Company Limited, respect your privacy and are committed to safeguard your personal data and information.

This Notice will inform you as to how we protect your personal data, when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

2. Purpose

This Notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you contact us.

It is important that you read this Notice to be fully aware of how and why we are using your data.

3. Controller

The General Soft Drinks Company Limited, a company registered in Malta, bearing company registration number C1591 and having its registered address at Marsa Industrial Estate, Marsa, MRS 3000, Malta,is the data controller and responsible for your personal data (hereinafter referred to as the “company” “we”, “us” or “our” in this Notice).

If you have any questions about this Notice, including concerns about your personal data or our data collection practices, please contact us via e-mail:  dpo@gsd.mizzi.com.mt

4. Data we collect about you

The terms “personal data” or “personal information” mean any information about an individual for which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect and process personal data (name, surname and e-mail address) that you voluntarily give us when you use our website. The only personal data we collect from our website about you is the personal data you provide to us when you fill out the contact us form on our website and post your query to us.

In addition, we may use technology such as cookies which collects information in an anonymous manner with respect to your use of our website.

5. How we use your personal data

When you fill the “Contact Us” form on this website, we use the personal data submitted in the form only to respond to your message or act on your request and for no other unrelated purposes.

Should we have marketing promotions in the future, we will ask for your consent to send you communication about them. Should you accept and then change your mind, you will be able to opt-out at any time.

The provision of your personal data is not a statutory or contractual requirement. You are not obliged to provide us any personal data and it is your choice whether to post a query through our website.

Only minimal personal data is collected when you fill the contact us form on this website, namely your name and email address. Without provision of such personal data, we will not be in a position to respond to your message or act on your request.

6. Legal basis

Our legal basis for processing your personal data is your consent. You will be required to click “I confirm to have read and understood the privacy notice” and to click “I consent to the processing of my personal data for the purposes of my request” in order to be able to post a query to us.

7. Withdrawal of our consent

You may withdraw your consent to the processing of your personal data at any time by emailing us on dpo@gsd.mizzi.com.mt. Such withdrawal does not affect the legality of any processing based on your consent prior withdrawal.

If you withdraw your consent to the processing of your personal data, we will not be in a position to act upon or reply to your request.

8. Cookies

Our website makes use of cookies. Cookies are small text files which are placed onto your computer (or other electronic device) when you use our website. We only make use of session cookies, that is cookies which are automatically deleted when you end your browsing session. Our cookies do not contain any personal data.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

9. Disclosures of your personal data

To process your enquiry, we may have to share your personal data with the parties set out below:

·         selected individuals within our company on a need to know basis;

·         our intra-group companies and affiliates; and

·         our agents and third parties that provide services to us.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. Your data will not be shared with any third party that is not located within the EU or EEA.

10. Data security

We have in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

11. Data retention

We will only retain your personal data until it is necessary to serve your request, safeguard our legitimate rights and interests or until you ask us to remove it, whichever is the longer. Unless it is required due to a legal obligation, we will not retain personal data related to a basic query beyond 2 years.

12. Your legal rights

For as long as we retain your personal data you may:

If you wish to exercise any of the rights set out above or wish to receive further explanations of your rights and our processing please contact us via e-mail: dpo@gsd.mizzi.com.mt.

You will not have to pay a fee to exercise rights related to your personal data . However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances, or in case this matter is under review by a relevant authority.

We may need to request specific information from you to help us confirm your identity and ensure that you are the person who holds such rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

13. Changes

We may update this Notice from time to time by publishing a new version on our website. It is therefore in your own interest to check the Notice page any time you access our website to ensure you are aware of any changes which may occur from time to time.

This version was last updated on 13.05.2019.

14. Complaints

If you have any complaints regarding our processing of your personal data, please note that you may contact us via e-mail: dpo@gsd.mizzi.com.mt. If you are resident in Malta, or from any other country outside of the EU, you may lodge a complaint with the office of the Information and Data Protection Commissioner in Malta (www.idpc.org.mt). If you are a European resident and you have a concern about our use of your information, you can contact your local data protection regulator. A list of European data protection regulators can be found here: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

Terms and Conditions

Last updated: 12th April 2019


General Terms and Conditions    

Terms & Conditions applicable to Participants in the "The MyCoke Rewards Campaign" 

These Terms and Conditions are subject to the Terms and Conditions for Account Registration available at https://www.mycoke.com.mt/mcls/campaign-terms-and-conditions and the Privacy Notice available at https://www.mycoke.com.mt/mcls/privacy-policy. In case of inconsistencies between these Terms and Conditions and the Terms and Conditions for Account Registration or the Privacy Notice, these Terms and Conditions shall prevail.

 

A. The MyCoke Rewards Campaign 

1.    The MyCoke Rewards Campaign (the "Campaign") is a campaign being organised by The General Soft Drinks Company Ltd (the "Organiser") through which Participants may participate by purchasing promotional Coca-Cola® branded PET products (specified under section E below) (the “Exclusive Products”) containing a code (the ‘’Code/s’’) located on the underside of the bottle cap, subject to acceptance of these Terms and Conditions. 

 

B. Duration of Campaign

The Campaign shall commence on 19th February 2019 and shall end on 31st May 2019 both dates included (the "Promotion Period"). The Organiser reserves the right to shorten, extend, and/or suspend the Promotion Period or otherwise modify or cancel the Promotion Period at its discretion and at any time.

 

C. The Prizes

1. Participants can collect points from the Codes to redeem the following prizes (the “Gift/s”):

          i. Coca-Cola® Mini Fridge

         ii. Coca-Cola® Cooler Bag

        iii. Coca-Cola® Cutlery Set

         iv. Coca-Cola® Bottle Opener

          v. Coca-Cola® Tin Box

         vi. Coca-Cola® Foldable Shopping Bag

        vii. Coca-Cola®  Apron

       viii. Coca-Cola® Kettle Holder

         ix. Coca-Cola® Ramekin & Spoon

          x. Coca-Cola® Herb Bowl 

2. The Gifts and their respective points and images are listed on https://www.mycoke.com.mt/rewards (the “Website”).

 

D. Eligibility and Participation

1. Participants shall include anyone over eighteen (18) years of age with a valid Maltese identity card (the “Participants” and “Participant” shall be construed accordingly), provided that employees of the Organiser shall not be eligible to participate in the Program.

2. Persons may participate in the Campaign by purchasing the Exclusive Products (specified in Section E below). On the underside of the bottle cap of the Exclusive Product, participants may find a Code.

3. Codes may be inputted into the Account as provided in section F below.

4. Gifts may be redeemed as provided in section G below.

5. By participating in the Campaign, Participants understand and consent that the Organiser shall process their personal data in accordance with the Data Protection Act (Chapter. 586 of the Laws of Malta). Data and any personal details may be disclosed if and when it is required to do so for the purposes of the Campaign and/or under any law. Participants shall have the right to access their personal data held by the Organizer and, where applicable, may request rectification or erasure of such data.

 

E. Exclusive Products

1.  Codes shall be located on the underside of the bottle cap of the following Coca-Cola® branded Exclusive Products, bottled and supplied locally by the Organiser - Coca-Cola Original (1.5 litre PET bottles), Coca-Cola Zero (1.5 litre PET bottles) and Diet Coca-Cola (1.5 litre PET bottles). The Organiser may include or remove Coca-Cola® branded products, at its sole discretion during the Campaign.

 

F. Inputting of Codes

1.  Participants who find a Code located on the underside of the bottle cap of an Exclusive Product will need to register for an Account free of charge at https://www.mycoke.com.mt/mcls/register (the “Account”) and input the eight (8) digit code located on the Exclusive Product. After inputting the Code, the Participant will be required to click on the ‘Submit Code’ button.

2.  Participants must accept these Terms and Conditions and consent to the processing of their personal data, including for marketing purposes as outlined in these Terms and Conditions, by clicking “I accept”. Failure to click “I accept” either for being bound by these Terms and Conditions and/or for the processing of the Participant’s personal data prevents the Participant from participating in the Campaign.

3.  Once an Account is registered, Participants may log in at any time and input more Codes. 

4.  The Code/s inputted will render a number of points.

5.  The points achieved by the Code inputted will be accumulated onto the Participant’s Account.

6.  The Code in the Exclusive Product varies by product type:

         i. Coca-Cola Original (1.5L PET bottle): 1 point

        ii. Coca-Cola Zero (1.5L PET bottle): 2 points

       iii. Diet Coke (1.5L PET bottle): 2 points

7.  The number of points that each code carries may double or otherwise vary in any specific time period selected at the Organisers discretion. However, the changes made during promotional periods will only apply during the specific period.

8.  Participation through the Website is free of charge.

9.  All Codes and Points will be automatically recorded into the Campaign database.

10. All Codes are verified by the system and only legitimate Codes will be validated automatically.

11. All Codes must be inputted within the Promotion Period. Each Code may only be inputted once. A Participant may not input more than ten (10) Codes during any twenty-four (24) hour period. Entry by a Participant of twenty (20) invalid codes during any twenty-four (24) hour period shall immediately lead to the disqualification of the Participant from the Campaign.

12. Each Participant shall only be entitled to one (1) Account and shall not accumulate or transfer points with or into other Participants’ Accounts or transfer, sell or otherwise dispose of codes in any other manner which is in violation or attempted subversion of these Terms and Conditions and/or the Campaign. If the Organiser believes that a Participant is in violation of this section, the Organiser may disqualify the Participant from the Campaign and all Codes in the Participant’s Account shall be forfeited.

13 The Organiser reserves the right to change, add or remove the methods by which Participants may collect and enter Codes.

14. Once a Participant inputs the Code, the validation of the Code will be subject to an instant verification by a system provider whose decisions on the outcome are at its sole discretion and are final and binding. Codes are void if (a) not obtained in accordance with these Terms and Conditions and/or through legitimate channels or (b) any part of the Code or the packaging on which it is printed is counterfeit, altered, defective, tampered with or irregular in any way.

15. If a Participant believes that points were not properly accrued to his/her Account, the Participant must notify the Organiser within fifteen (15) days from the date of entry of the respective Code on the Website, but in no case not later than the Redemption Period. Should this case arise, caps must be presented for proof.

16. Points accumulated onto the Participant’s Account for this Campaign will automatically be erased from the Participant’s Account thirty (30) days after the Promotion Period and may not be transferred to any other campaign or promotion.

 

G. Redemption of Gifts

1. Participants may redeem their points for gifts at any time after the Promotion Period up to and including the 15th May 2019 (the “Redemption Period”), by visiting https://www.mycoke.com.mt/rewards.

2. Each gift set forth in Section C has an amount of points attached to it.

3. Gifts may be redeemed from the Website on a first come, first served basis for as long as stocks last.  A total of three thousand (3,000) gifts shall be made available and the Organiser shall be under no obligation to re-stock any Gifts.

4. In order to redeem points for Gifts, the Participant must navigate through the Gifts listed on the Website and may choose any Gift still available for which the Participant has accumulated sufficient points for redemption. Once Gifts have been redeemed, the points redeemed for each Gift will be automatically reduced from the total number of points collected.

5. The Participant must select the image corresponding to the Gift the Participant wishes to redeem the points for and must follow the links and instructions to complete the redemption process. As part of the redemption process the Participant will be issued a voucher for the Gift redeemed and be given the location and dates for Gift collection. Participants are responsible for ensuring their Account information is accurate.

6. The Participant must bring their ID card and the voucher, either in printed or digital format, for the redemption site in order to collect the Gifts. Failure to present the voucher will be result in the forfeit of the Gift.

7. Should a Gift be out of stock or otherwise unavailable at the time in which the Participant chooses to redeem it, the Participant will be notified and no points will be deducted from his/her Account. The Organiser cannot be held liable should a Gift be unavailable at the time of redemption and/or order.

8.  Should the Website log-in details of a Participant be lost or stolen, the Participant must immediately report the matter to the Organiser. In the event of a stolen account, the Organiser cannot guarantee that the Participant will be refunded for any points lost.

9.  The Organiser reserves the right to modify the available Gifts and corresponding total number of points for redemption at its discretion and at any time during the Program.

10. Gifts must be collected from the General Soft Drinks Co Ltd, Marsa Industrial Estate, Marsa, or The Coca-Cola Warehouse, Vincenzo Caruana Street, Sannat, Gozo up until the 31st May.

11. There are no restrictions as to the number of Gifts which may be collected in one visit.

12. Gifts may not be exchanged for any other Gift or cash. All Gift redemptions are final. Refunds, exchanges and other issues are governed by the terms and conditions applicable to the purchase and sale of the particular Gift and are not the responsibility of the Organiser.

13. The Organiser cannot be held responsible for defective Gifts.  

 

H. Modifications and Termination of the Program

1. The Organiser reserves the right to modify any of the Terms and Conditions set forth herein including but not limited to - the duration of the Promotion Period and/or the Redemption Period; the Exclusive Products which contain the Codes/Gifts; methods by which Participants can collect Codes and redeem Gifts; the Gifts available; and any of the options made available to Participants with respect to their Accounts; at any time, with or without notice, even though these changes may affect an Participant’s ability to participate in the Campaign.

2. The Organiser reserves the right to terminate or temporarily suspend the Campaign at any time, for any reason, with or without notice, even though the termination may affect a Participant’s ability to participate in the Campaign. In the event of an early termination, Participants will have ten (10) days to redeem their Gifts (however this cannot be done after the Redemption Period). If the Campaign expires as scheduled, Participants will have until the end of the Redemption Period to redeem their Gifts.

3. A Participant’s participation in the Campaign constitutes the Participant’s acceptance to 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 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 previous versions of these Terms and Conditions.

 

I. General Terms and Conditions

1. The Organiser reserves the right to discontinue the participation privileges of any Participant who engages in any improper activity or uses the Campaign in a manner inconsistent with these Terms and Conditions or any national law statutes or ordinances. Termination of participation privileges may result in the loss of accumulated Codes. In addition to termination of participation privileges, 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.

2. Points do not form part of the property of a Participant and may be revoked at any time by the Organiser 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.

3. The Organiser is not responsible for any incorrect or inaccurate information supplied by the Participants while participating in the Campaign.

4. All questions or disputes regarding eligibility of the Campaign, collecting Points or redemption of Gifts, or a Participant’s compliance with these Terms and Conditions will be resolved by the Organiser in its sole discretion.

 

J. Limitation of Liability

1. The Organiser is not responsible for incorrect or inaccurate transcription of information related to any of the equipment or programming associated with the Campaign or utilized by the Participant, 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. 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 Campaign or the production or distribution of Campaign materials (“Releases”) shall not be held responsible or liable in the event of a printing error or irregular packaging.

3. Under no circumstances, including but not limited to negligence, shall the Organiser, its officers, representatives and/or employees be liable for any direct, indirect, incidental, special or consequential damages arising out of the Campaign or merchandise offered through the Campaign, even if any or all of the foregoing or any of their authorized representatives have been advised of the possibility of such damages. 

4.  The Organiser, 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 suppliers of the Gifts.

5.  To the fullest extent allowable by law, the Organiser and the promotional suppliers specifically disclaim any representations or warranties, express or implied, regarding the Gifts and/or services offered by any 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 Campaign, Participants agree that:

a) any and all disputes, claims, and causes of action arising out of or connected with this Campaign, of any Gifts obtained through the Campaign, shall be resolved individually, without resort to any form of class action and non-exclusively by the Courts of Malta;

b) any and all claims shall be limited to actual, direct out-of-the-pocket costs incurred, including costs associated with participating in this Campaign, but in no event attorneys’ fees and/or any other indirect costs; and

c) under no circumstances will the Participant be permitted to seek recovery for, and the Participant hereby waives all rights to claim, punitive, incidental, special 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 the Participant and the Organiser in connection with Campaign, 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 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.

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.