Coca‑Cola 2024 Create Real Magic™ AI Terms of Service

Effective Date: November 5, 2024 

Thank you for engaging with the Coca‑Cola 2024 Create Real Magic™ Experience (CRM Experience) brought to you by The Coca‑Cola Company and its affiliates (Coca‑Cola).

 

1.    Introduction. These Coca‑Cola 2024 Create Real Magic AI Terms of Service (AI Terms) apply to your use of the CRM Experience. These AI Terms supplement the general Coca‑Cola Terms of Service and Privacy Policy (together, Coca‑Cola Terms). If these AI Terms conflict or are inconsistent with the Coca‑Cola Terms, then these AI Terms apply to your use of the CRM Experience but solely to the extent of the conflict or inconsistency. The CRM Experience is available only to users who are at least age 13 (or the minimum age to create an account on the Coca‑Cola website, if older) and are residents of the countries listed in Exhibit A of these AI Terms.

THESE TERMS ARE A LEGAL AGREEMENT BETWEEN COCA-COLA AND EACH ELIGIBLE USER. THEY INCLUDE IMPORTANT INFORMATION SO PLEASE READ THEM CAREFULLY.

2.    What is the CRM Experience? The CRM Experience is an artificial intelligence powered experience that allows you to create a virtual snow globe (Snow Globe) that you can use to spread joy and kindness during the holiday season.  

The CRM Experience is powered by generative artificial intelligence (GenAI) technologies, including a multimodal large language model that supports custom text and image generation. AI technology powers handling real-time conversations, which involve conversion of speech-to-text and text-to-speech communications. 

The CRM Experience is available to residents of the countries listed in Exhibit A at the end of these AI Terms (Eligible Countries).

The CRM Experience and your use of it is subject to all applicable laws and regulations. The CRM Experience is void outside the Eligible Countries and where prohibited or restricted by law. 

3.    How do these AI Terms Apply? These AI Terms apply to use of the CRM Experience as of the Effective Date set forth above. 

4.    Is an Account Required? Participants must have an account to create a Snow Globe in the CRM Experience. If you previously created an account on www.coca-cola.com or another website operated by Coca‑Cola, you may not need to create a new account. Please log in to that account to determine whether it qualifies for the CRM Experience. 

5.    Creating your Snow Globe. After signing into or creating your account, follow the on-screen instructions to consent to the use of AI as part of the CRM Experience. Next, you will be prompted provide access to your microphone and consent to the use of your voice to talk to the on-screen avatar (either a Santa avatar or a snow globe, depending on your location).  

NOTE: You must enable your microphone to have a conversation with the avatar. If you do not wish to grant access to your microphone, click “Decline” and you may still proceed to type your conversation with the avatar. See the FAQs for more information.

You can engage with the on-screen avatar in natural conversation, and you will be prompted to talk about a favorite holiday memory or experience. 

Once you have shared your memory, it will be converted to a text prompt and sent to Coca‑Cola’s custom AI image generation platform. Each prompt will generate a personalized image, and music will be added to create your final Snow Globe. Each Snow Globe incorporates Coca‑Cola branding or themes, (e.g., the Coca‑Cola logo).

NOTE: When you share your prompt to create a Snow Globe, Coca‑Cola and its affiliates will use moderation to confirm that it complies with the permitted uses outlined in these AI Terms. If your Snow Globe violates any of these AI Terms, you may receive a message informing you that it will not be uploaded to the Community.

6.    Sharing your Snow Globe and the Community Gallery. Once you have created your Snow Globe, you may use the links provided to download it or share with others. You can also share your Snow Globe directly on social media platforms like TikTok and Facebook.

IMPORTANT: Once your Snow Globe has been created, it is automatically saved to both the Personal Gallery associated with your account and the publicly available Community Gallery, which means it can be viewed (along with the first name associated with your registered account) and shared by the public.

YOU MUST DELETE YOUR SNOW GLOBE FROM YOUR PERSONAL GALLERY IF YOU DO NOT WISH TO SHARE IT WITH THE COMMUNITY GALLERY

7.    Editing and Deleting Your Snow Globe. You cannot edit your Snow Globe once the image associated with your prompt has been generated, but you can delete a Snow Globe from your Personal Gallery at any time. Deleting a Snow Globe from your Personal Gallery also removes it from the Community Gallery. Deleted Snow Globes are permanently deleted and cannot be recovered.  If you do not store or download your Snow Globe, you will not be able to access it after January 15, 2025.

8.    Why Does my Snow Globe have a Watermark? Your Snow Globe will automatically include a digital watermark that is imperceptible to the human eye as well as a label that states “Created by Real Magic AI” (Watermarks).  The Watermarks help ensure that others know your Snow Globe is created using GenAI technology. Please do not delete, remove, modify, or reverser engineer the Watermarks. If you do, Coca‑Cola will consider that you have violated the Coca‑Cola Terms and may delete Your Gallery and your Snow Globes, block your access and/or take any other action described in the Coca‑Cola Terms.

9.    Who Owns the Snow Globe? Coca‑Cola owns the Snow Globe (including any Coca‑Cola trademarks and logos), but we grant you a license to use the Snow Globe for personal, non-commercial uses that do not violate these AI Terms. 

a.    As between Coca‑Cola and you, Coca‑Cola is the sole and exclusive owner of all right, title, and interest in and to the Snow Globe, including without limitation, the Coca‑Cola images, the Coca‑Cola trademark, trade name and all related trademarks, logos, product names, designs, slogans, and other intellectual property, whether registered (“Coca‑Cola IP”) that forms part of the Snow Globe. 

You have no right, license, or authorization with respect to Coca‑Cola IP except as expressly set forth in these AI Terms.  If you are deemed under appliable law to have any right, title or interest in your Snow Globe other than as set forth in these AI Terms, you agree to assign those rights to Coca‑Cola in writing upon request. The Coca‑Cola IP is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  For clarity, you agree not to (and not to permit any third party to):

i.    Remove any copyright, trademark or other proprietary rights notice (including the Watermark).

ii.    Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Coca‑Cola IP except as expressly authorized in these AI Terms.

iii.    Otherwise violate or infringe the proprietary rights of Coca‑Cola in and to the Coca‑Cola IP at any time.

Coca‑Cola reserves the right to take legal action against any unauthorized use or other misuse of the Coca‑Cola IP, including on social media platforms, digital channels or otherwise. Any unauthorized use of the Coca‑Cola IP on social media may be considered infringement and subject to legal action.  Coca‑Cola may also work with social media platforms to report and remove content that infringes the Coca‑Cola IP or otherwise violates these AI Terms.

b.    Coca‑Cola hereby grants to you a free, perpetual, worldwide license to use, reproduce, distribute copies of, and display publicly the Snow Globe for personal use only and as outlined in these AI Terms (License).  You may not use the Snow Globe for any commercial purposes. Coca‑Cola expressly reserves the right, in its sole discretion, to revoke this License if you fail to comply with these AI Terms or use the Coca‑Cola IP in any way that disparages, defames, or is harmful to Coca‑Cola or violates any law or third-party proprietary right.

10.    Will Coca‑Cola Share My Snow Globe? Coca‑Cola will not use or share your Snow Globe for any external marketing purposes (including on its social media channels) without your permission. Please note that other users will be able to view and share your Snow Globe through the Community Gallery.

11.    What Representations Do I Make to Coca‑Cola? By creating Snow Globe, you represent and warrant to Coca‑Cola that:

a.    You are at least age 13 (or the minimum age to create an account on the Coca‑Cola website, if older) and are a resident of one of the countries listed in Exhibit A of these AI Terms.

b.    You created your Snow Globe.

c.    Your Snow Globe complies with these AI Terms and the Coca‑Cola Terms. 

d.    To the best of your knowledge, your Snow Globe does not violate the rights of any other person or entity, including rights of privacy and publicity and intellectual property rights.

e. To the best of your knowledge, your Snow Globe does not violate applicable laws, rules and regulations.

12.    What Uses are Not Permitted? When creating your Snow Globe, you agree:

a.    You will NOT attempt to create, upload or share a Snow Globe or any other content that:

i.    Contains images of real people (including any celebrity, political figure or child or other minor) or any personal information (such as full name, address, telephone number or email address) of you or of anyone else.

ii.    Disparages or ridicules Coca‑Cola or its employees, products, services or any other person or party affiliated with the CRM Experience.

iii.    Contains brand names, logos or trademarks other than those owned by Coca‑Cola.

iv.    Contains names, likenesses, voices, or other indicia identifying celebrities and other public figures, living or dead, or look-alikes or sound-alikes of celebrities or other public figures, whether living or dead.

v.    Contains material that is deceptive, inappropriate, indecent, obscene, pornographic, tortious, defamatory, slanderous or libelous (as determined by Coca‑Cola in its sole discretion).

vi.    Contains material that is threatening, harassing or bullying an individual or group (as determined by Coca‑Cola in its sole discretion).

vii.    Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age (as determined by Coca‑Cola in its sole discretion).

viii.    Contains material that (or that promotes activities which are) sexually explicit or suggestive, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), violates or is otherwise contrary to the laws of any jurisdiction where it is created (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, defamatory, libelous, infringing or otherwise objectionable (as determined by Coca‑Cola in its sole discretion).

b.    You will NOT delete, remove, modify, or reverser engineer the Watermarks or otherwise represent that a Snow Globe was entirely human generated.

c.    You will NOT use your Snow Globe in any way that deceives or is intended to deceive any person about use of GenAI technology to create your Snow Globe.

d.    You will NOT use your Snow Globe to, or otherwise, misrepresent your affiliation with any person or entity or give the impression that your Snow Globe is endorsed by Coca‑Cola or by any other person or entity.

e.    Note: Coca‑Cola has the discretion to terminate your access to the CRM Experience (in addition to any other available remedy) without notice if it has a reasonable basis to believe that you are using CRM Experience in violation of these Terms (including attempts to circumvent, reverse engineer, or decode the GenAI technology and moderation components).

13.    What Disclaimers Does Coca‑Cola Make? To minimize the risk of misuse of the CRM Experience for creating harmful or deceptive content, the CRM Experience rejects content that falls under the prohibited uses described in Section 10 above. 

Please be aware of potential limitations of the CRM Experience. You understand that your Snow Globe was created using GenAI technology and may contain errors or inaccuracies. You understand that the CRM Experience is provided solely for entertainment purposes and should not be used for any other purpose. You further understand that the CRM Experience may produce images that look like real people, places, products, etc. Furthermore, the Gen AI technology used to produce your Snow Globe was created using data that may include biased or incomplete information. 

BY ACCESSING AND USING THE CRM EXPERIENCE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS OF THE ABOVE DISCLAIMER.

To the extent permitted by applicable law, you agree that if a local language version conflicts with the English version of these AI Terms, then the English version shall prevail, and your local language version shall be deemed to be amended accordingly to the extent necessary for such inconsistency to be in conformity with the English version of these AI Terms. 

14. Questions.  If you have questions or concerns about the CRM Experience, please contact CreateRealMagic@coca-cola.com. 

 

Exhibit A – Coca‑Cola Create Real Magic CRM Experience – List of Eligible Countries