Fresh Markets

Hot and Fresh Pizza™ and Coca-Cola® for Life Sweepstakes Official Rules

Due to circumstances that could have affected the fairness and integrity of The Hot & Fresh Pizza and Coca-Cola for Life Sweepstakes, we are unable to accept additional entries. Therefore, per the Official Rules, the Sweepstakes has ended. All eligible/valid entries received through 07.09.24 will be included in a random drawing on or about 08.20.24 to award prizes.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE GEOGRAPHIC AREA OF ELIGIBILITY LISTED HEREIN AND WHERE PROHIBITED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY THE COCA-COLA COMPANY AND ITS BOTTLERS AND AFFILIATES.

1. Eligibility: The Fresh Market® The Hot and Fresh Pizza™ and Coca-Cola® for Life Sweepstakes (this “Sweepstakes”) is open only to members of The Fresh Market Ultimate Loyalty Experience® customer loyalty program (the “Loyalty Program”) (each such member a “Loyalty Program Member”), who are at least 18 years old at the time of entry, and who are residents of one of the following states: AL, AR, CT, DE, FL, GA, IL, IN, KY, LA, MD, MA, MS, NJ, NY, NC, OH, OK, PA, SC, TN, VA or the District of Columbia. Employees of The Fresh Market (“TFM”) (“Sponsor”), Marden-Kane, Inc. (the “Administrator”), The Coca-Cola Company and each of their respective bottlers, affiliates, distributors and/or vendors involved in this Sweepstakes, and the immediate family (i.e., spouses, parents, siblings and children) and household members of such employees, are not eligible to enter or win this Sweepstakes. There is no cost to register and join the Loyalty Program and become a Loyalty Program Member. To register and join the Loyalty Program and become a Loyalty Program Member, go to https://www.thefreshmarket.com/register, complete all the required fields on each page (including selecting a preferred TFM retail location), and submit. VOID OUTSIDE OF THE GEOGRAPHIC AREAS OF ELIGIBILITY LISTED ABOVE AND WHERE PROHIBITED BY LAW. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and the decisions of the Sponsors and Administrator, which are final and binding in all matters related to this Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein.

2. Sweepstakes Period: This Sweepstakes begins June 19, 2024 at 8:00:01 a.m. Eastern Time (“ET”) and ends August 13, 2024 at 11:59:59 p.m. ET (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for this Sweepstakes.

3. How to Enter: There is no purchase necessary to enter or win this Sweepstakes. Entrants can enter this Sweepstakes by either of the following two (2) methods:

i. Loyalty Program Members who make a Qualifying Transaction (as defined below) at a participating TFM retail location will automatically receive one (1) entry into that TFM retail location’s First Prize drawing AND one (1) entry into the Grand Prize drawing; or

ii. To enter without making a Qualifying Transaction, Loyalty Program Members may visit the entry page and follow the instructions to complete the Sweepstakes entry form. Upon submission of the form, Loyalty Program Members will receive one (1) entry into the First Prize drawing associated with the TFM retail location selected by the Loyalty Program Member on the entry AND one (1) entry into the Grand Prize drawing.

The term “Qualifying Transaction” means: any purchase by a Loyalty Program Member using their Loyalty Program identification number at a TFM retail location in a single transaction of both a The Fresh Market New Hot & Fresh Pizza AND any non-alcoholic beverage product owned by The Coca-Cola Company that is sold in such TFM retail location.

Limit of one (1) entry per person per day, regardless of method of entry. For the purpose of this Sweepstakes, a day is defined as a calendar day beginning at 12:00 a.m. ET and ending the same day at 11:59 p.m. ET. Entries received in excess of the limits stated herein will be void. Automatic, programmed, robotic, script, macro and similar means of entry are prohibited and may result in disqualification of an entrant. In case of a dispute over the identity of an entrant, the Loyalty Program Member who is assigned to the Loyalty Program account used to enter the Sweepstakes will be the entrant.

4. Prizes; Odds of Winning: The following prizes are available to be won in this Sweepstakes:

One (1) Grand Prize - “Hot and Fresh Pizza and Coca-Cola for Life.” As used herein, the term “Hot and Fresh Pizza and Coca-Cola for Life” means a Loyalty Program reward to redeem through the winner’s Loyalty Program account at any TFM retail location for one (1) sixteen inch (16”) The Fresh Market Hot & Fresh Cheese or Pepperoni Pizza, plus two (2) 1.25 liters of a Coca-Cola sparkling beverage, every two (2) weeks beginning the first week of the first month following verification of the grand prize winner and final verified grand prize winner notification, and continuing for a period of twenty-five (25) years thereafter. The approximate retail value (“ARV”) of the Grand Prize is $12,721.00.

One Hundred Sixty-Two (162) First Prizes (one prize per TFM retail location) - “Hot and Fresh Pizza and Coca Cola for a Year.” As used herein, the term “Hot and Fresh Pizza and Coca-Cola for a Year” means a Loyalty Program reward to redeem through the winner’s Loyalty Program account at any TFM retail location for one (1) sixteen inch (16”) The Fresh Market Hot & Fresh Cheese or Pepperoni Pizza, plus two (2) 1.25 liters of a Coca-Cola sparkling beverage, every two (2) weeks beginning the first week of the first month following verification of each such first prize winner and final verified winner’s first prize winner notification, and continuing for twelve (12) months thereafter. ARV of each First Prize is $509.00.

Terms and conditions with respect to each such Loyalty Program reward apply as described below. Each of the Hot and Fresh Pizza and Coca-Cola for Life Grand Prize and the Hot and Fresh Pizza and Coca-Cola for a Year First Prizes are hereafter individually referred to as a “Prize” and collectively referred to as the “Prizes.” The Prizes will be made available via Loyalty Program rewards provided to each winner via such winner’s Loyalty Program account. Each Loyalty Program reward for each of the Prizes shall be valid for a period of four (4) weeks beginning on the date it is loaded into such winner’s Loyalty Program account, and if any such Loyalty Program reward is not redeemed within such four (4) week period, the Loyalty Program reward shall expire and be void and of no further force or effect but such expiration shall have no effect on the issuance of future Loyalty Program rewards issued during the applicable Prize period, or on the ARV of any Prize. The total ARV of all Prizes available to be won in this Sweepstakes is $95,149.00.

Prizes are non-transferable and no substitutions will be made except at Sponsor’s sole discretion. Sponsor reserves the right to provide a substitute prize of equivalent value in the event the Prize awarded becomes unavailable prior to or during the Prize fulfillment period. Limit one (1) Prize per Loyalty Program Member. Each winner is responsible for all federal, state and local taxes and fees associated with the receipt and/or use of their Prize. Unclaimed Prizes may not be awarded.

The odds of winning each Prize will depend on the number of eligible entries received for each Prize drawing.

5. Prize Drawings and Notification of Prize Winners: On or about August 20, 2024, one (1) Grand Prize winner will be selected via a random drawing from among all eligible entries received throughout the Sweepstakes Period. In addition, one hundred sixty-two (162) First Prize winners (one per participating TFM retail location) will be selected via a random drawing from among all eligible entries received for each respective TFM retail location. All drawings will be conducted by the Administrator, an independent judging organization.

Potential winners will be notified by phone or email. Sponsor’s and Administrator’s decisions are final and binding in all matters related to this Sweepstakes. As a condition to receiving a Prize, the potential winner (and parent/guardian if potential winner is deemed a minor in their state of residence) may be required to complete, sign and return, within ten (10) days of the date such potential winner is notified, (i) an Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release. If a potential winner (i) cannot be contacted after a reasonable attempt has been made by Administrator (as determined in its sole discretion); or (ii) fails to return completed Documents or respond to a notification by the date stated in the notification email; or (iii) refuses the prize; or (iv) the prize or prize notification is rejected or returned as undeliverable, then such potential winner will be disqualified and forfeits all rights to be deemed a winner and an alternate potential winner will be notified. Upon prize forfeiture, no compensation will be given. The Administrator will conduct a maximum of four (4) random drawings as described above, after which the applicable Prize will not be awarded should all four (4) such random drawings fail to result in a winner of such Prize.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS SWEEPSTAKES. A POTENTIAL WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SUCH POTENTIAL WINNER’S ELIGIBILITY HAS BEEN VERIFIED AND THE POTENTIAL WINNER HAS BEEN NOTIFIED BY THE SPONSOR OR THE ADMINISTRATOR THAT VERIFICATION IS COMPLETE AND THE POTENTIAL WINNER IS A VERIFIED WINNER. It is each entrant’s responsibility to ensure that he/she has complied with all of the conditions contained in these Official Rules.

6. Publicity: Except in Tennessee and where prohibited by law, participation in this Sweepstakes constitutes a winner’s consent, in perpetuity, to Sponsor’s and its agents’ use of such winner’s photograph and such winner’s name, likeness, photograph, voice, opinions, statements and/or hometown and state in Sponsor’s internal and external communications materials in any media (including, but not limited to, websites and web publications and print and digital advertising) for promotional purposes, worldwide, without further payment or consideration.

7. General Conditions: Sponsor reserves the right in its sole discretion to disqualify any entrant who is found (i) to be tampering or to have tampered with the entry process or the operation of this Sweepstakes, (ii) to be acting or have acted in violation of these Official Rules, or (iii) to be acting or have acted in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of this Sweepstakes, or to annoy, abuse, threaten or harass any other person. Sponsors reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If, for any reason, the Sweepstakes is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, including any other factors beyond Sponsor’s reasonable control such as war, riots, terrorism, civil unrest, strikes, blackouts, supply shortages, order of governmental authority, an “act of God” (e.g., natural disasters, weather, etc.) or an unforeseeable health event (e.g. pandemic or epidemic), then the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, without further liability to the entrants or third parties. In the event the Sweepstakes is cancelled, Sponsor reserves the right to award prizes from among all eligible non-suspect entries received prior to the time of the action or event warranting such cancellation. With regard to this Sweepstakes, the Sponsor will only contact those entrants deemed a potential winner for purposes of clearance and awarding of the prize. By entering, entrants agree that neither the Sponsor, the Administrator, The Coca-Cola Company nor any of their respective bottlers and affiliates, are responsible, and shall have any liability, for: (a) late, delayed, misdirected, garbled, or incomplete entries, or entries that do not otherwise comply with, or that otherwise violate, these Official Rules; (b) any printing, typographical, mechanical or other error in the printing, advertising or administration of this Sweepstakes or in the announcement of any Prize winner; (c) any human error, technical malfunctions, or lost/delayed data transmission, or any omission, interruption, deletion, defect, or line failures of any network, computer equipment, or software; (d) any inability to register for or otherwise join the Loyalty Program as set forth herein; or (e) any other error or malfunction, or any other causes beyond the Sponsor’s or the Administrator’s reasonable control that jeopardizes the administration, security, fairness, integrity or proper conduct of this Sweepstakes. In no event will more than the number of Prizes stated in these Official Rules be awarded.

8. Release; Limitations of Liability: By participating in this Sweepstakes, entrant agrees that the Sponsor, its affiliates, the Administrator, The Coca-Cola Company and its bottlers and affiliates and all of their respective directors, officers, employees and agents (collectively, the “Promotion Entities”): (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from entrant’s participation in this Sweepstakes or any Sweepstakes-related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any Prize or participation in any Prize-related activity, and (ii) have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, whether express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose. By winning a Prize, each winner agrees to release, discharge, and hold harmless the Promotion Entities from and against any claim or cause of action, including, but not limited to, personal injury, death or damage to or loss of property, including direct, indirect, incidental, consequential or punitive damages arising, in whole or in part, out of such winner’s participation in this Sweepstakes or such winner’s receipt, use or misuse of any Prize.

9. Disputes: Except where prohibited by law, entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal courts in Greensboro, North Carolina, and hereby submit to the jurisdiction of such courts; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event shall include attorneys’ fees; and (iii) under no circumstances may entrant obtain awards for, and hereby waives all rights to claim, indirect, punitive, incidental or consequential damages and any other damages, attorneys’ fees, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, the Sponsor or the Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction).

10. Winners List/Official Rules: A list of all Prize winners under this Sweepstakes will be available at thefreshmarket.com/sweepstakes/pizza-and-coke/winners , on or about September 16, 2024 or after all winners have been verified. To obtain a copy of these Official Rules, send a self-addressed stamped envelope to Sponsor at the address provided below. All such requests must be received by December 19, 2024. Please allow up to ten (10) business days for Sponsor to process your request. Vermont residents may omit return postage with Official Rules requests.

11. Privacy Policy: Personal information collected from entrants in connection with this Sweepstakes is subject to TFM’s Privacy Policy at https://www.thefreshmarket.com/about-us/privacy-policy.

12. Sponsor: The Fresh Market, Inc., 300 North Greene Street, Suite 1100, Greensboro, NC 27401.

13. Administrator: Marden-Kane, Inc., 575 Underhill Boulevard, No. 222, Syosset, NY 11791.