PEPSI #PEPSINFLSWEEPSTAKES Photo Sweepstakes OFFICIAL RULES

Transcription

1 PEPSI #PEPSINFLSWEEPSTAKES Photo Sweepstakes OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, FACEBOOK, TWITTER OR THE NFL. 1. Sweepstakes Period: MULTIPLE ENTRY DEADLINES APPLY. The Pepsi #PEPSINFLSWEEPSTAKES (the Sweepstakes ) starts September 17, 2018 at 12:00 am Central Time (CT) and ends October 28, 2018 at 11:59 pm CT (the "Sweepstakes Period"). 2. Eligibility: Only legal residents of the 50 United States and the District of Columbia, (except for residents of New York and Florida) who are 18 years (19 in AL and NE and 21 in MS) or older throughout the Sweepstakes Period. Employees of the NFL Entities (as defined below), Pepsi Beverages Company ( Sponsor ), Pepsi-Cola Company and its bottlers, PepsiCo, Inc, Facebook, Instagram, Twitter and each of their respective parent companies, subsidiaries, affiliates, divisions, distributors, suppliers, printers, distributors and advertising, promotional and judging agencies and the immediate family members of such employees (parent, child, sibling, spouse) and persons living in the same household as such employees (whether related or not) are not eligible to win. Limit one prize per name, address and/or household. No substitution of prize offered, no transfer of the prize to a third party is permitted, and noncash prizes may not be redeemed for cash. The Sweepstakes is subject to all applicable federal, state, local laws and regulations. Void where prohibited by law. If applicable, winner may receive an IRS form 1099 for the retail value of the prize. No groups, clubs, newsletters or organizations may reproduce or distribute any portion of these official rules to their members. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decision of the judges will be final and binding. 3. How To Enter: A. To enter the Sweepstakes via Instagram, Facebook or Twitter, you must be a registered member of Instagram, Facebook or Twitter. Becoming a member of Instagram, Facebook or Twitter and entry into the Sweepstakes are both freeall free. To enter the Sweepstakes via Twitter, you must be a registered member of Twitter with a public profile, entrants must go to Twitter.com (or the mobile application), log into their Twitter account and follow the promotion account at PEPSINFLSWEEPSTAKES and tweet a picture of you with the NFL Helmet display with (the Tweet ) with the hashtag #PEPSINFLSWEEPSTAKES ( Twitter Entry ). Use of the hashtag #PEPSINFLSWEEPSTAKES constitutes your unconditional acceptance to these Official Rules. You will receive an entry into the Sweepstakes on the day the Tweet was made. To enter the Sweepstakes via Facebook, you must be a registered member of Facebook with a public profile. Entrants must log into their Facebook account and follow the promotion account at PEPSINFLSWEEPSTAKES and post a picture of the NFL Helmet display with the hashtag #PepsiNFLSweepstakes ( Facebook Entry ). Use of the hashtag #PepsiNFLSweepstakes constitutes your unconditional acceptance to these Official Rules. You will receive an entry into the Sweepstakes on the day the Facebook post was made. To enter the Sweepstakes via Instagram, you must be a registered member of Instagram with a public profile. Entrants must log into their Instagram account and follow the promotion account at

2 PepsiNFLSweepstakes and post a picture of the NFL Helmets display with the hashtag #PepsiNFLSweepstakes ( Instagram Entry ). You will receive an entry into the Sweepstakes on the day the Instagram post was made. Instagram Entry, Twitter Entry and Facebook Entry will be collectively known as Social Media Entry. Each Social Media Entry must be a picture of the NFL Helmets display. B. To enter online without making a purchase or without posting a picture, go to (the Website ) and complete the online form by providing your complete name, daytime phone number, address and date of birth ( Website Entry ). Then agree to the Official Rules and submit the online form. Use of the hashtag #PepsiNFLSweepstakes constitutes your unconditional acceptance to these Official Rules. Social Media Entry and Website Entry may be collectively referred to as Entries or Entry. Proof of submitting an Entry does not constitute proof of delivery. 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 or IP addresses may be blocked. Limit one (1) Entry per household per day. Social Media Entry Requirements: Social Media Entry must be primarily in English. All entries must be received within the Sweepstakes Period and prior to the applicable Entry deadline to be eligible for the Drawing. Social Media Entries must remain on your Instagram, Twitter or Facebook account throughout the Sweepstakes Period. If you delete your Social Media Entry during the Sweepstakes Period, your Social Media Entry may be deemed void and become ineligible. Each Social Media Entry must be your original work; it may not have won a previous promotion or an award; it must not infringe any third party s intellectual property or other rights; it must be suitable for display (i.e., may not be obscene or indecent, including but not limited to nudity or profanity); it must not contain obscene or pornographic material; it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); it must not include threats to any person, place, business, group or world peace; it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations. Each Social Media Entry must not feature or reference any commercial products and/or company trademarks, logos, brands or endorsements (including third party logos on street scenes, panoramic views, vehicle license plates, clothing such as t-shirts, hats, etc.) of any third party, except that Social Media Entry may contain Sponsor or Promotion Party-owned logos. Each Social Media Entry must not contain any copyrighted works. All Social Media Entries will be reviewed for content; however, such review does not relieve Entrant from responsibility for compliance with these Official Rules. Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by the Sponsor, in their sole discretion, will be disqualified and will not be considered for prizes. Sponsor makes the final determination as to which entries are eligible to take part in this Sweepstakes. From time to time during the Sweepstakes Period, Sponsor may, in its sole and absolute discretion, choose to feature certain Entries on the Website. Being featured on the Website in no way impacts the likelihood of success of the Entrant becoming a winner nor does the inclusion of the Entry on the

3 Website indicate that Sponsor deems the Entry to be a good example of an acceptable Entry, or does it indicate Sponsor s preference for the Entry. The name of the person submitting an Entry into the Sweepstakes must be the name of the authorized account holder of the social media account or address used to enter, otherwise, Entry may be deemed void. In the event of a dispute over the identity of a potential winner, entries will be declared made by the authorized account holder of the social media account or address used for the Entry submitted, and the potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder. It is solely the responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her Twitter, Facebook and/or Instagram account or address used to enter the Sweepstakes during the Sweepstakes Period. 4. Promotion Terms of Submission: As conditions of entry into this Sweepstakes and by uploading a Submission, each Entrant represents and warrants that their entire Submission: (a) is wholly original; (b) has been created solely by the Entrant listed upon Submission on the Website; (c) has been legally obtained and/or created; (d) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards; (e) they have not granted or transferred any rights in or to the Submission to any third party prior to the date of Submission; and (f) Entrant has not done anything which has impaired and will not do anything to impair the rights granted to Sponsor in any way. 5. PRIZE DETAILS: Grand Prizes: Six (1) Weekly Grand Prizes will be awarded, consisting of a $100 Mall of America Visa Gift Cards. Approximate Retail Value: $ DRAWINGS: Potential winner will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period. Odds of winning depend upon the total number of eligible entries received. Drawing dates will occur as follows on a weekly basis and will be conducted by an independent judging organization, whose decisions shall be final and binding. Draw Date Number of Prizes Prize Entry Deadline 9/24/18 One (1) $100 MOA Gift Card 9/23/18 10/1/18 One (1) $100 MOA Gift Card 9/30/18 10/8/18 One (1) $100 MOA Gift Card 10/7/18 10/15/18 One (1) $100 MOA Gift Card 10/14/18 10/22/18 One (1) $100 MOA Gift Card 10/21/18 10/29/18 One (1) $100 MOA Gift Card 10/28/18 7. Winner Notification: Potential winners will be notified within two (2) days of drawings, through direct message on Instagram and account. The potential prize winner will be required to respond within forty-eight (48) hours or prize will be forfeited and may be awarded to an alternate winner. Sponsor is not responsible for suspended or discontinued wireless/internet service which may result in a potential winner not receiving initial prize notification. Once potential winner notification is confirmed to Sponsor, the potential prize winner may be sent an Affidavit of Eligibility and Liability/Publicity Release (where permitted by law) to be signed and

4 returned within the number of days indicated on the Affidavit. In the event (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) an notification is not confirmed to Sponsor within forty-eight (48) hours: (iii) any required documents are not returned within the required number of days; or (iv) if winner is otherwise unable to attend an event when specified or accept the prize as stated, prize will be forfeited and may be awarded to an alternate winner. Allow one (1) week to ten (10) days for delivery of the prize following the notification process. Prize will only be delivered to addresses within California and Nevada. 8. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless MOAC Mall Holdings LLC, the NFL Entities (as defined below), Pepsi Beverages Company, PepsiCo, Inc., Pepsi-Cola Company, its bottlers, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company s officers, directors, employees and agents (collectively, the Released Parties ) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. NFL Properties LLC, NFL Ventures, Inc., NFL Ventures, L.P., the NFL, Member Professional Football Clubs, and each of their respective shareholders, subsidiaries, representatives, affiliates, officers, directors, agents, members and employees (collectively the NFL Entities ) will have no liability or responsibility of any claim arising in connection with participation in this sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this sweepstakes in any way. 9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Sponsor s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 10. Limitations of Liability: Sponsor, the NFL Entities 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, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or land line phone service; or (f) any injury or damage to participants or to any other person's computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes. If, for any reason, the Sweepstakes

5 is not capable of running as planned for reasons which may include without limitation, infection by computer virus, 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. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor, such as by way of example and not by way of limitation, in a random drawing from among all eligible, non-suspect entries received up to the time of the impairment, and Sponsor shall not have any further liability to any participant in connection with the Sweepstakes. Sponsor may modify and amend these Official Rules as they may appear online from time to time during the Promotion for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. NFL Properties LLC, NFL Ventures, Inc., NFL Ventures, L.P., the NFL, Member Professional Football Clubs, NFL Players Association, NFL Players Incorporated and each of their respective shareholders, subsidiaries, representatives, affiliates, officers, directors, agents, members and employees (collectively the "NFL Entities") will have no liability or responsibility of any claim arising in connection with participation in this sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this sweepstakes in any way. Sponsor makes no representations or warranties of any kind concerning the appearance, performance or safety of any prize awarded. 11. Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual outof-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, 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 the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. 12. Winners List: For the names of the prize winners, send a self-addressed stamped envelope before December 31, 2018 to: Pepsi MOA #PepsiNFLSweepstakes Winners List c/o PSG, PO Box , Maitland, FL Sponsor: Pepsi Beverages Company, 1300 East Cliff Road, Burnsville, MN THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY THE NFL OR INSTAGRAM, FACEBOOK or TWITTER. 14. Sweepstakes Entity: PSG, PO Box , Maitland, FL PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc.