PEPSI® FUN SWEEPSTAKES 2016
OFFICIAL RULES
NO PURCHASE OR PROOF-OF-PURCHASE NECESSARY AND NO ENTRY FEE OR PAYMENT OF ANY KIND NECESSARY TO PARTICIPATE IN THE SWEEPSTAKES. INTERNET ACCESS REQUIRED. MULTIPLE ENTRY DEADLINES APPLY. SWEEPSTAKES OPEN ONLY TO LEGAL U.S. RESIDENTS ONE OF THE 50 UNITED STATES or D.C. THROUGHOUT THE SWEEPSTAKES PERIOD AND WHO ARE 18 YEARS OF AGE (19 in AL or NE) OR OLDER AT THE TIME OF ENTRY. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT A LEGAL U.S. RESIDENT. VOID WHERE PROHIBITED.
1. HOW TO ENTER: Sweepstakes begins May 16, 2016, at 12:00:00 a.m. ET and ends August 7, 2016, at 11:59:59 p.m. ET (the "Sweepstakes Period"). For entry methods (a) and (b) below, you must take a photo showing you with a specially-marked Pepsi "PepsiMoji" branded 20 oz. beverage (hereinafter referred to as "Submission") along with the hashtag #PepsiFunSweepstakes. Entries will not be judged
If entering via a mobile phone or other web-enabled device and using your wireless carrier's network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable changes. You are solely responsible for any such wireless charges. Not all wireless carriers participate.
By entering, you ("Entrant") warrant and represent the following with respect to Submission: (a) Entrant is the sole and exclusive owner of the photo and has obtained the necessary rights and consents; and (b) the photo will not infringe on any rights of any third parties. Once uploaded, Submission will not be returned. All Submissions will be reviewed for content before being published. Sponsors may, in their sole discretion, remove, delete, disqualify and/or forfeit any Submission they deem inappropriate, indecent or obscene, and unsuitable for publishing or otherwise non-compliant. Certain Submissions may be featured from time to time on a Sponsor-controlled website during the Sweepstakes Period, in Sponsors' sole discretion; being selected as a featured Submission does not guarantee selection as a Prize Winner in the Sweepstakes
Proof of submitting an Entry does not constitute proof of delivery. All Entries become the property of Sponsor and will not be returned to Entrant. Every Entry must be manually keystroked and manually entered by the individual Entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or game service) will be disqualified and transmissions from these or related e-mail or IP addresses may be blocked.
Limit one (1) Instagram Entry per person/Instagram account/household per day, limit one (1) Twitter Entry per person/Twitter account/household per day and one (1) Website Entry per person/email address/household per day. A day shall be defined as 12:00:00 a.m. ET to the following 11:59:59 p.m. ET. All Entries must be received during the Sweepstakes Period.
The person submitting an Entry must be the authorized account holder/user of the Instagram and/or Twitter account; otherwise entry shall be deemed void. In the event of dispute over the identity of a potential winner, entries will be declared made by the registered user of the Instagram and/or Twitter account used at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder/user of such account(s) used to submit the entry. It is solely the responsibility of the Entrant to notify the Pepsi-Cola Company in writing if the Entrant changes his or her mailing address, email address and/or telephone number during the Sweepstakes Period.
2. ELIGIBILITY: Open only to legal residents one of the 50 United States or D.C. and who are 18 years of age (19 in AL or NE) or older as of the time of entry. Employees of participating locations, PepsiCo, Inc., Pepsi-Cola Company ("Sponsor") and its bottlers, and each of their respective parents, subsidiaries, divisions, affiliates, distributors, suppliers, franchisees and advertising, promotional or judging agencies (collectively, "Sponsor and Promotion Parties"), and all of their immediate family members of such employees and/or persons living within the same household as such employees are not eligible to win. If potential prize winner is a minor, prize may be awarded to the minor's parent or legal guardian who must assume all responsibilities of prize winner.
3. PRIZES: One hundred fifty (150) Grand Prizes will be awarded, each consisting of a Pepsi-branded cooler. Actual retail value ("ARV"): $19.99. One hundred fifty (150) First Prizes will be awarded, each consisting of a Pepsi-branded tote bag. ARV: $12.99. One hundred fifty (150) Second Prizes will be awarded, each consisting of a Pepsi-branded hat (one size fits all). ARV: $9.99. Four thousand (4,000) Third Prizes will be awarded, each consisting of Pepsi-branded T-Shirt (size subject to availability). ARV: $9.99.
4. DRAWINGS: Prize winners will be randomly selected in twelve (12) drawings from among all eligible entries received for each respective Sweepstakes Week in accordance with the schedule set forth below. Non-winning entries will be rolled over into subsequent Sweepstakes drawings. To be eligible for a drawing, entries must be received by 11:59:59 p.m. ET on the date indicated for that Sweepstakes Week. Odds of winning depend upon the number of eligible entries received for each week. Each drawing will occur on or about the dates indicated below and will be conducted by an independent judging organization whose decisions shall be final. Online entries submitted during the Sweepstakes Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent Sweepstakes. Entries eligible for one drawing will remain eligible for all subsequent drawings. Limit one (1) Prize per person/household.
| SWEEPSTAKES WEEK: | PRIZE | ENTRY PERIOD BEGINS | ENTRY PERIOD ENDS | DRAWING DATE (on or about) |
|---|---|---|---|---|
| Week 1 | Twelve (12) Grand Prizes, Twelve (12) First Prizes, Twelve (12) Second Prizes & Three hundred thirty-three (333) Third Prizes | 5/16/16 | 5/22/16 | 5/23/16 |
| Week 2 | Twelve (12) Grand Prizes, Twelve (12) First Prizes, Twelve (12) Second Prizes & Three hundred thirty-three (333) Third Prizes | 5/23/16 | 5/29/16 | 5/31/16 |
| Week 3 | Twelve (12) Grand Prizes, Twelve (12) First Prizes, Twelve (12) Second Prizes & Three hundred thirty-three (333) Third Prizes | 5/30/16 | 6/5/16 | 6/6/16 |
| Week 4 | Twelve (12) Grand Prizes, Twelve (12) First Prizes, Twelve (12) Second Prizes & Three hundred thirty-three (333) Third Prizes | 6/6/16 | 6/12/16 | 6/13/16 |
| Week 5 | Twelve (12) Grand Prizes, Twelve (12) First Prizes, Twelve (12) Second Prizes & Three hundred thirty-three (333) Third Prizes | 6/13/16 | 6/19/16 | 6/20/16 |
| Week 6 | Twelve (12) Grand Prizes, Twelve (12) First Prizes, Twelve (12) Second Prizes & Three hundred thirty-three (333) Third Prizes | 6/20/16 | 6/26/16 | 6/27/16 |
| Week 7 | Thirteen (13) Grand Prizes, Thirteen (13) First Prizes, Thirteen (13) Second Prizes & Three hundred thirty-three (333) Third Prizes | 6/27/16 | 7/3/16 | 7/5/16 |
| Week 8 | Thirteen (13) Grand Prizes, Thirteen (13) First Prizes, Thirteen (13) Second Prizes & Three hundred thirty-three (333) Third Prizes | 7/4/16 | 7/10/16 | 7/11/16 |
| Week 9 | Thirteen (13) Grand Prizes, Thirteen (13) First Prizes, Thirteen (13) Second Prizes & Three hundred thirty-four (334) Third Prizes | 7/11/16 | 7/17/16 | 7/18/16 |
| Week 10 | Thirteen (13) Grand Prizes, Thirteen (13) First Prizes, Thirteen (13) Second Prizes & Three hundred thirty-four (334) Third Prizes | 7/18/16 | 7/24/16 | 7/25/16 |
| Week 11 | Thirteen (13) Grand Prizes, Thirteen (13) First Prizes, Thirteen (13) Second Prizes & Three hundred thirty-four (334) Third Prizes | 7/25/16 | 7/31/16 | 8/1/16 |
| Week 12 | Thirteen (13) Grand Prizes, Thirteen (13) First Prizes, Thirteen (13) Second Prizes & Three hundred thirty-four (334) Third Prizes | 8/1/16 | 8/7/16 | 8/8/16 |
5. WINNER NOTIFICATION: Sponsor will email potential winners to obtain mailing information . Potential winners will be required to respond to the notification as stated and within the time frame as stated within the notification message. Noncompliance within the stated time period will result in disqualification and another winner selected in the place of the disqualified person, if time permits. Prize notification returned as non-deliverable will result in disqualification and an alternate winner selected, if time permits. Sponsor is not responsible for suspended or discontinued Instagram and/or Twitter service that may result in a potential winner not receiving initial prize notification.
6. GENERAL: Prizes will be awarded and/or delivered only to addresses within the United States. Except as determined by Sponsor in its sole discretion, no substitution of prize is offered, no transfer of prize to a third party is permitted, and non-cash prizes may not be redeemed for cash value (unless at the sole discretion of Sponsor). Any difference between the approximate prize value and the actual prize value will not be awarded. Prize winners will be solely responsible for all applicable federal, state and local taxes on prizes. If applicable, winners may receive an IRS Form 1099 for the retail value of the prize. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of a prize not accepted by winner will be forfeited.
7. PUBLICITY: Where permitted by law, by participating in the Sweepstakes, Entrant grants Sponsor and Promotion Parties, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies, and those acting pursuant to their authority, the right to print, publish, broadcast, and use any materials submitted by Entrant in connection with the Sweepstakes as well as the entrant's name, portrait, picture, likeness, voice, statements attributable to him/her, city and state of residence, and other biographical information for advertising and promotional purposes throughout the world in any and all media now known or existing at any time in the future, without further approval, notification, or compensation.
8. CONDUCT: By entering this Sweepstakes, Entrants agree to be bound by these Official Rules, which are a contract and include limitations of rights and remedies, and the decisions of Sponsor that shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. GRANT OF RIGHTS TO SPONSOR: By submitting a Submission, Participant hereby agrees that:
a. In consideration of entering a Submission in the Promotion, Participant on behalf of themselves, their heirs, executor, administrator and assigns, hereby assign to Sponsor all rights, interest and goodwill in the Submission, including an irrevocable grant to Sponsor of the exclusive, perpetual, royalty-free, worldwide license and right to broadcast, exhibit and otherwise use the Submission and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised, including but not limited to the possible use of the Submission in any packaging, merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. All Submissions, upon submission, become the property of Sponsor, and its successors, assigns and licensees. Sponsor will have the exclusive right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses.
b. Participant acknowledges that they have no right of approval or consultation with respect to Sponsor's use of the Submission. Sponsor will not be responsible for the return or preservation of the Submission. Sponsor shall use its sole discretion in determining the extent and manner of the use of the Submission and Sponsor is not obligated in any way to use or exploit the same or any rights granted by Participant, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on the Website. Participant further agrees that the Submission is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created. Participant further acknowledges and agrees that by entering their Submission, they warrant that the Submission is their original work
10. LIMITATIONS OF LIABILITY: PRIZES ARE AWARDED "AS IS, WHERE IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE. SPONSOR AND PROMOTION PARTIES ASSUME NO RESPONSIBILITY OR LIABILITY FOR (A) ANY INCORRECT OR INACCURATE ENTRY INFORMATION, OR FOR ANY FAULTY OR FAILED ELECTRONIC DATA TRANSMISSIONS; (B) ANY UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION OR ALTERATION OF ENTRIES AT ANY POINT IN THE OPERATION OF THIS SWEEPSTAKES; (C) ANY TECHNICAL MALFUNCTION, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, SATELLITES, SERVERS, COMPUTERS OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF THE SWEEPSTAKES; (D) ANY INJURY OR DAMAGE TO PARTICIPANTS OR TO ANY OTHER PERSON'S PHONE WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE SWEEPSTAKES. IF, FOR ANY REASON, THE SWEEPSTAKES IS NOT CAPABLE OF RUNNING AS PLANNED FOR REASONS WHICH MAY INCLUDE, WITHOUT LIMITATION, 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, THEN SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND THE SWEEPSTAKES IN WHOLE OR IN PART. THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS SWEEPSTAKES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A COURT LOCATED IN NEW YORK HAVING JURISDICTION. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL PARTICIPANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN PARTICIPANT'S ACTUAL OUT-OF-POCKET EXPENSES (E.G. COSTS ASSOCIATED WITH ENTERING), AND PARTICIPANTS FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
11. RELEASE AND INDEMNIFICATION: ALL ENTRANTS, AS A CONDITION OF ENTRY INTO THE SWEEPSTAKES, AGREE TO FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND PROMOTION PARTIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH SUBMITTING AN ENTRY OR OTHERWISE PARTICIPATING IN ANY ASPECT OF THE SWEEPSTAKES, THE RECEIPT, OWNERSHIP OR USE OF ANY PRIZE AWARDED, OR WHILE PREPARING FOR, PARTICIPATING IN OR TRAVELING TO OR FROM ANY PRIZE-RELATED ACTIVITY OR ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR THE ANNOUNCEMENT OF OFFERING OF ANY PRIZE. THE WINNER SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER IT HAS BEEN DELIVERED.
12. WINNERS' LIST REQUEST: For the names of major prize winners, send a your name and complete address to: Pepsi Fun Sweepstakes 2016 Winners List, 5 South 5th St, 7th Floor, Dept 888-7015, Minneapolis, MN 55402. Request must be received by September 5, 2016.
13. SPONSOR: Pepsi-Cola Company, Purchase, NY 10577.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram.
PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc.