Update to the Terms and Condition 18/04/2018: Clause 11

 

 

Short T&Cs

 

GB 16+, +, No purchase necessary. Normal exclusions apply, Voting via Facebook @fantagreatbritain @JungleVT or the influencers Facebook or Instagram accounts. Opens 04/04/2018 and Closes 01/05/18. See specific voting opportunities and times for each flavour. Max 1 vote per flavour for each post on each platform. Final vote opportunity online opens 02/05/18 and closes 03/05/18. Winning flavours announced 15/05/18 and in market from September 2018. See https://www.fanta.co.uk/en/fanta-flavour-battle-terms-and-conditions/ for Full T&Cs.

 

 

FULL T&Cs

 

 

These terms and conditions (the “Terms and Conditions”) prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Voting instructions are deemed to form part of these Terms and Conditions and by participating all participants will be deemed to have accepted and be bound by them. Please retain a copy for your information.

 

The Promoter takes data protection seriously. By entering this promotion you confirm that you have read the Privacy Policy for the applicable platform, and agree to these Terms and Conditions of the promotion. By submitting any information required as part of their participation into the campaign, participants agree to their information being held and processed in accordance with the Data Protection Act 1998 or General Data Protection Regulation (GDPR) as applicable.

 

Promoter Coca-Cola GB, 1A Wimpole Street, London W1G 0EA.

 

Eligibility

 

1.       Voting for the flavour challenge promotion (the “Promotion”) is open only to GB (England, Scotland and Wales) residents, 16 years or over at the time of voting and excludes employees and their immediate families of Coca-Cola Great Britain, Coca-Cola European Partners, their subsidiaries, affiliated companies, agents, or anyone professionally connected to the Promotion.

 

2.       Internet access and the relevant social media account registration access required.

 

3.       Only one vote per person per flavour post, for each of the social media platforms when voting is available for the relevant flavour.

 

4.       For the avoidance of doubt only you can like each flavour post once, however, there may be more than one post per social media platform during the promotion.

 

5.       Voting is only accepted via the official social media channels and official flavour posts.

 

6.       There will be a one official final catch all opportunity to vote via fanta.co.uk

 

7.       No purchase necessary

 

Promotional Period

8.       The voting for each of the flavours opens and closes initially based on weekly slots as detailed below. There will also be an online final voting period to vote for your favourite flavour, when all flavours will be open and available to vote for at the same time opening 02/05/18 and closes 03/05/18 at which time you can vote for your flavour one final time at fanta.co.uk

9.       All relevant votes captured for each of the flavours during the weekly periods and in the final voting period will be captured, validated and reconciled from each of the channels.

10.    Votes for any flavour outside of the official voting periods when voting is closed for that flavour, or votes outside the promotional period will not be count towards the official vote count and will not be considered as part of the final vote outcome.

11.    The voting periods for each of the flavours will be as follows:

 

o    Pink Grapefruit (and influencer Jahannah James):  Opens 04/04/18 at 15.00 and Closes 10/04/18 at 14.59

 

o    Wildberry (and influencer Anto Sharp):  Opens 11/04/18 at 15.00 and Closes 17/04/18 at 14.59

 

o    Blood Orange (and influencer Joe Tasker)  -  Opens 18/04/18 at 15.00 and Closes 24/04/18 at 14.59

 

o    Peach & Apricot (and influencer Amber Doig Thorne) -  Opens 25/04/18 at 15.00 and Closes 01/05/18 at 14.59

 

o    The final voting period where all flavours will be available to receive votes   -  Opens 02/05/18 at 15.00 and Closes 03/05/18 at 15.00

 

12.    The times for all 4 weekly campaigns have been randomly allocated in terms of which flavour received which week. The support marketing campaign and the effect of the influencers are being constantly monitored in terms of content and promotional noise to ensure equal amounts of marketing exposure occurs across all the flavour variants.

 

 

How to vote

 

13.     Vote via public Facebook and / or public Instagram. If you do not have Facebook or Instagram voters will need to create an account to participate through these channels (create one for free at https://en-gb.facebook.com  and / or www.instagram.com)

14.    Votes via Facebook and Instagram are made subject to the respective terms of use of the relevant platform, and can be found at https://www.facebook.com/legal/terms and https://help.instagram.com/478745558852511

 

15.    The process for voting via online vote depends on the online voting channel chosen;

 

Facebook:

 

a.       Either log in as an existing Facebook member or sign up for free at Facebook.com

b.       Once registered or logged in simply vote for your chosen flavour by liking on one of the official promotional posts on the Fanta Facebook page championing your favourite flavour from the official promotional posts for the 4 flavours available at the time when the votes are eligible for your flavour at @fantagreatbritain, @JungleVT, @antosharps, @amberdoigthorne, @jahannahjames, @mrjoetasker  

c.        Only votes from public accounts will be accepted. To enter from a private account you must amend your account settings to a public account in order for the vote to be accepted

d.       For any flavour at the applicable voting time there is a maximum of 1 vote per flavor post per channel.

 

AND / OR

 

Instagram;

a.              Either log in as an existing Instagram member or sign up for free at Instagram.com.

b.          Once registered or logged in simply vote for your chosen flavour by liking the post for your favourite flavour from the 4 flavours available at the time when the votes are eligible for your flavour by championing the relevant flavour at @Anto_sharp, @amberdoigthorne, @jahannahjames, @taskerjoe

c.          Only votes from public accounts will be accepted. To enter from a private account you must amend your account settings to a public account in order for the vote to be accepted.

d.          For any flavour at the applicable voting time there is a maximum of 1 vote per flavor post per channel.

 

 

No votes will be counted from other social media content even if the promotion or details regarding the promotion are referenced or discussed/ shared on other media platforms

 

Only the official voting channels mentioned will be applicable

 

FINAL VOTING MICROSITE MECHANIC via Fanta.co.uk

 

 

16.    Consumers will have a period of 24 hours to cast one final vote for their favourite flavor. The microsite will open from 15:00:00 on 02/05/2018 and will close on 15:00:00 on 03/05/2018. Consumers will be required to visit Fanta.co.uk. Consumers will be required to log in or create a login and provide their full name, valid email address, date of birth and country of residence. Once registered or logged in simply vote for your chosen flavour by selecting your favourite flavour from the 4 flavours available. Only votes from authorised accounts will be counted.

 

There is a maximum of 1 vote per person  during this final voting period online

 

All entry information is subject to verification and interrogation. Entry information may not be sold or exchanged. In the event of suspicious activity the Promoter reserves the right to request proof of purchase or further evidence to confirm the legitimacy of the entry.

 

No entries from agents, third parties, organised groups, syndicates will be accepted. No incomplete, corrupted entries or multiple entries from the same person beyond the maximum limit will be accepted.

The entry must be made directly by the person entering the promotion. Syndicated entries, multiple entries or accounts or those made using methods such as a computer macro, a script or the use of automated devices or processes are not allowed and all such entries will be disqualified.

 

17.    Any bulk votes, votes from agents, bartering for votes, exchanging of votes, purchasing of votes, third parties, syndicates, organized groups or votes automatically generated by a computer, programme, application, script or any automatic method will not be accepted. Any person or institutions trying to circumvent this condition by any method, including but not limited to using multiple Facebook or  Instagram, will be disqualified along with all votes from associated accounts. Only genuine valid votes will be considered.

 

18.    Anyone, in the Promoter’s absolute discretion, who is acting in a manner that undermines the operation and integrity of the Promotion or in any way which gives an unfair advantage, will be disqualified and any persons seeking to use such information gained will be disqualified.

 

19.    All votes will be strictly monitored by the Promoter and independent third party adjudicators throughout and any attempts to manipulate or otherwise unfairly influence the results will result in disqualification and discounting of said votes or suspension of the Promotion. The Promoter and any third party adjudicator shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid votes including, without limitation, to require further verification as to the identity, age, and other relevant details of a voter and their voting patterns.

  Winner Flavour Selection Process

20.    Voting will close at 15.00.00 on 03/05/2018

 

21.     The winning Fanta flavours will be determined by the flavours that receive the highest number and second number of votes through the official channels and posts via Facebook, Instagram, and final voting period online. If there is a tie after counting these votes, then the number of votes for the competing flavours in the final voting period online with the most votes will be the determining factor. If still undecided then the highest social media channel initially will be checked to determine the winner

22.    Votes will be verified by an independent auditor. Once validated, the winning flavour will be announced at the end of the final voting period on 15/05/2018.

 

23.    The Promoter shall have sole and final determination as to which votes are genuine and therefore eligible to take part in this Promotion and no correspondence will be entered into.

 

24.    The winning flavours will be launched into market by September 2018. The sales and distribution of the winning flavours will be dependent on the market place demands, over which the Promoter does not have guaranteed control.  The amount  of retailers stocking and demand by consumers will thus have an effect on its success and launch and distribution  of both new flavours in the market.

 

General

 

25.    The Promoter's decision is final in all matters pertaining to the promotion.

 

26.    Incomplete, illegible, misdirected or corrupted entries or those which are otherwise not in accordance with these terms and conditions will not be valid. The Promoter accepts no responsibility for failure to receive votes where such failure is due to circumstances outside the Promoter’s control.

 

27.    In the event of circumstances outside the reasonable control of the Promoter and only where circumstances make this unavoidable or circumstances impact on the fairness of the equal voting timing opportunities and thus make it potentially unfair, , or otherwise where fraud, abuse, and/or an error (human, mobile or computer) affects or could affect the proper operation of this promotion, the Promoter reserves the right to cancel, extend , re calculate or amend the promotion or these terms and conditions, at any stage, but will always endeavor to minimize the effect to participants in order to avoid undue disappointment and in special circumstances maintain fairness.

 

28.    To the extent permitted by law, the Promoter accepts no liability for any damage, loss or injury suffered due to entering this promotion.

 

29.    This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram and by entering this Promotion voters hereby release Facebook or Instagram from any liability in respect of this Promotion. Voters are providing their information to the Promoter and not to Facebook or Instagram. The information voters provide will only be used for the purpose of administering the Promotion.

 

30.    Any person posting, or seen to be posting, comments to the Promoter’s Facebook or Instagram or elsewhere during the Promotion that are considered bullying, spiteful, disrespectful or upsetting to other participants, Fanta consumers or the Promoter, will have their comments removed and any associated votes discounted and will be disqualified from the Promotion. The Promoter reserves the right to alert Facebook or Instagram to any such behaviour, which may result in the person’s account being frozen pending investigation.

 

 

31.    Limitations of liability: insofar as permitted by law, neither the Promoter nor the promotional parties assume any responsibility or liability for:

 

                                                               i.      Any incorrect or inaccurate votes, or for any faulty, incorrect, failed, erroneous or failed electronic data transmissions;

                                                             ii.      Communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of this promotion causing delays or disruption;

                                                            iii.      Inaccessibility or unavailability of the internet or the website or any combination thereof;

However, every effort will be maintained to ensure fairness of the promotion

 

32.    Data Protection: The Promoter will only use the personal details supplied for the administration of the promotion and the auditing of the voters where necessary and for no other purpose, unless we have your consent/you have opted-in to receive future marketing communications. Your personal details will at all times be kept confidential and in accordance with the relevant Data Protection legislation or General Data Protection Regulation (GDPR) as applicable. Click here for the Promoter’s Privacy Policy   https://www.fanta.ie/en/legal/privacy-policy/ You can request access to your personal data, or have any inaccuracies rectified, by sending an email to gbcic@coca-cola.com. By participating in the promotion, you agree to the use of your personal data as described here.


33.    If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.

 

34.    The Promotion and these Terms and Conditions will be governed by the laws of England and any disputes as to the meaning of these Terms and Conditions with be subject to the exclusive jurisdiction of the English and Welsh courts