Pepsi – Own The MTN – Win a grand prize of a Vail Resorts Flyaway for 2 valued at $5,500 OR 1 of 24 minor prizes
PEPSI OWN THE MTN SWEEPSTAKES (“SWEEPSTAKES”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
INTERNET ACCESS REQUIRED IF ENTERING VIA SOCIAL MEDIA.
MESSAGE AND DATA RATES MAY APPLY IF ENTERING VIA MOBILE
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR
ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM OR TWITTER.
THE SWEEPSTAKES IS OPEN ONLY TO LEGAL U.S. RESIDENTS RESIDING
IN ONE OF THE FIFTY UNITED STATES OR WASHINGTON DC WHO ARE
18 YEARS OF AGE (19 in AL and NE) OR OLDER AT TIME OF
PARTICIPATION. SWEEPSTAKES SHALL BE CONSTRUED AND
EVALUATED ACCORDING TO UNITED STATES LAW AND OF THE STATE
OF NEW YORK. DO NOT PARTICIPATE IN THIS SWEEPSTAKES UNLESS
YOU ARE ELIGIBLE. VOID WHERE PROHIBITED.
1. SWEEPSTAKES PERIOD: Sweepstakes begins November 28, 2016 at 12:00:00
a.m. Eastern Standard Time (“EST”) and ends January 7, 2017 at 11:59:59 p.m. EST (the
“Sweepstakes Period”). Multiple entry periods apply, see Section 5.
2. HOW TO PARTICIPATE:
(a) SOCIAL MEDIA: You must be a follower of Mountain Dew on either Twitter
or Instagram in order to participate via Twitter or Instagram. During the Sweepstakes
Period, take a photo of yourself “Owning the Mountain” (which might be “you on a
mountain” or “you getting ready for a day at the mountains”, and/or “you drinking a
Mountain Dew”) and post your photo and the hashtag #OwnTheMTNSweepstakes via
Twitter or Instagram as defined below (an “Entry”). Photos/Entries will not be judged.
Inclusion of Sponsor’s product(s) in your Photo will not increase your chance of
(i) Twitter: To enter via Twitter, tweet your Entry (as defined above) via
Twitter with the hashtag #OwnTheMTNSweepstakes. Entrant must be a follower
of @mountaindew and must have a public profile on his/her Twitter account used
to enter in order to be contacted by Sponsor if you are selected as a winner. There is
no charge to sign up for Twitter. If you do not have a Twitter account, follow the
onscreen instructions to register for a free Twitter account at http://twitter.com. To
become a follower of @mountaindew on Twitter, visit
http://twitter.com/mountaindew (“Web Site”).
(ii) Instagram: To enter via Instagram, post your Entry (as defined above)
on your personal Instagram page with the hashtag #OwnTheMTNSweepstakes.
Entrant must be a follower of @mountaindew and must have a public profile on the
Instagram account used to enter in order to be contacted by Sponsor if you are
selected as a winner. An Instagram account can be opened for free by visiting
http://instagram.com and following the appropriate link to download the free
Instagram application. To become a follower of @mountaindew on Instagram, visit
http://instagram.com/mountaindew (also the “Web Site”).
If entering via Twitter or Instagram, you must include the hashtag
#OwnTheMTNSweepstakes in order for your Entry to be considered. All Entries
must be received during the Sweepstakes Period. Limit one (1) entry per person/Twitter
account per day. Limit one (1) entry per person/Instagram account per day. A “day”
is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. EST and
ending at the following 11:59:59 p.m. EST. The clock used for entry (Instagram or Twitter)
is the official clock for this Sweepstakes.
The name of the person submitting an Entry (via Social Media) into the
Sweepstakes, and name of the person in the Entry photograph, must be the name of the
authorized account holder of the social media account used to enter, otherwise, Entry may
be deemed void. When you #hashtag your photo you authorize Sponsor to use your
photo within the www.ownthemtn.com website without compensation to you. In the
event of a dispute over the identity of a potential winner, Entry will be declared made by
the authorized account holder of the social media account used during the entry process.
The potential winner may be required to provide identification sufficient to show that
he/she is the authorized account holder of such account.
(b) MAIL-IN: Hand print your name, complete mailing address with zip code,
daytime phone number and email address on a 3” x 5” card and mail in an envelope to:
Pepsi Own the Mtn Sweepstakes, PO Box 650007, Dept. 891-727, El Paso, TX 88565-
0007. Mail-in entries (each also an “Entry”) must be postmarked by and received by the
dates stated in the Entry/Drawing Schedule listed in Section 5. Limit one (1) Entry per
outer mailing envelope. Limit one (1) mail-in Entry per person per day. No
responsibility is assumed by Sponsor for lost, late, illegible, incomplete, mutilated, stolen,
postage-due or misdirected mail. All mail-in Entries become the property of Sponsor and
will not be returned to entrant.
Proof of delivery or receipt of Entry will not be deemed by the Sponsor as proof of
Entry into this Sweepstakes.
Standard data charges may apply if participating via your mobile device. Entries
must comply with any applicable submission requirements located at the Web Site
including, but not limited to all format and size requirements and the technical, creative,
and legal requirements set forth in these Official Rules.
Each Entry submission must be manually key stroked and/or 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 sweepstakes
service) will be disqualified and transmissions from these or related social media accounts
or IP addresses may be blocked. Additionally, use of multiple social media accounts or the
manipulation of an entrant’s contact information, for the purpose of obtaining more than the
stated number of Entries, is prohibited and such persons will be disqualified and all Entries
shall be deemed invalid and any prize awarded shall be forfeited.
BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT
HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S
AND PROMOTION PARTIES’ DIGITAL AND SOCIAL ASSETS, AT THE
SPONSOR’S DISCRETION. Submission of an Entry grants the Sponsor and its agents the
right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in
any and all media, including for use in advertising and marketing, without limitation, and
without consideration to the entrant.
3. SOCIAL MEDIA ENTRY GUIDELINES: By submitting an Entry, you agree
that your submission is gratuitous and made without restriction, and will not place the
Sponsor under any obligation. The Sponsor is free to disclose the ideas contained in the
Entry on a non-confidential basis to anyone or otherwise use the ideas without any
additional compensation to you. By acceptance of your submission, you acknowledge that
the Sponsor does not waive any rights to use similar or related ideas previously known to
the Sponsor, or developed by its employees, or obtained from sources other than you. The
Sponsor reserves the right to, and may or may not, monitor/screen Entries. By entering, you
acknowledge that the Sponsor has no obligation to use or post any Entry you submit.
By submitting an Entry, you warrant and represent that it: (a) is your original work,
(b) has not been previously published, (c) has not won previous awards, (d) does not
infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual
property or other rights of any person or entity; and (e) that publication of the Entry via
various media including Web posting, will not infringe on the rights of any third party
rights. Each entrant will indemnify and hold harmless, the Sponsor and Promotion Parties
(defined below) from any claims to the contrary. Any entrant whose work includes
likenesses of third parties or contains elements not owned by the entrant (such as, but not
limited to, depictions of persons, buildings, trademarks or logos) must be able to provide
legal releases for such use including the Sponsor’s use of such Entry, in a form satisfactory
to administrator, upon request, prior to awarding of prize.
As determined by the Sponsor, in its sole discretion, Entries must meet the
following guidelines: (a) Must comply with these Official Rules and the Instagram Terms
of Use and Community Guidelines and Twitter posting guidelines (including those located
at http://instagram.com/legal/terms/, and https://support.twitter.com/articles/18311
respectively); (b) Cannot be sexually explicit or suggestive, unnecessarily violent or
derogatory of any ethnic, racial, gender, religious, professional or age group, profane or
pornographic, or contain nudity; (c) Cannot promote alcohol, illegal drugs, tobacco,
firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe
or dangerous, or any particular political agenda or message; (d) Cannot be obscene or
offensive, endorse any form of hate or hate group; (e) Cannot promote terrorist acts such as
providing instructions on how to assemble bombs, grenades and other such weapons or
provide instructional information about illegal activities; (f) Cannot defame, misrepresent or
contain disparaging or slanderous remarks about the Sponsor, its customers or its products,
or other people, products or companies; (g) Cannot contain trademarks, logos or trade
dress owned by others (except the Sponsor’s), or advertise or promote any brand or
product of any kind (except the Sponsor’s), without permission, or contain any personal
identification, such as license plate numbers, personal names, e-mail addresses or street
addresses; (h) Cannot contain copyrighted materials owned by others (including
photographs, sculptures, paintings and other works of art, stills, or images published on or
in television, movies, the Internet or other media, except such materials owned by the
Sponsor) without permission; (i) Cannot contain background artwork, unless it is an
original work of the entrant; (j) Cannot contain materials embodying the names, likenesses,
photographs, or other indicia identifying any person, living or dead, other than the entrant,
without permission; (k) Cannot communicate messages or images inconsistent with the
positive images and/or goodwill to which the Sponsor wishes to associate; (l) Cannot
depict, and cannot itself, be in violation of any law.
If the Sponsor, at any time during the Sweepstakes Period, receives a complaint
(including but not limited to a cease and desist letter, general letter of complaint, etc.)
alleging intellectual property infringement in an Entry, the Sponsor reserves the right to
remove such Entry at any point in the Sweepstakes Period, without prior notice and Entry
will be deemed void and ineligible to receive a prize.
ENTRIES POSTED TO THE WEB SITE WERE NOT EDITED BY THE
SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT
AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER. Any
waiver of any obligation hereunder by the Sponsor does not constitute a general waiver of
any obligation to entrants. The Sponsor reserves the right to waive the submission
requirements set forth herein in its reasonable discretion.
4. ELIGIBILITY: Sweepstakes open only to legal U.S. residents residing in one (1)
of the fifty (50) United States or the District of Columbia who are 18 (19 in AL or NE)
years of age or older at the time of entry. Winner may be required to show proof of
residency and or age. Employees of Pepsi Beverage Company, Pepsi-Cola Company
(“Sponsor”), and its bottlers, and each of their respective parents, subsidiaries, divisions,
affiliates, distributors, suppliers, retailers, dealers and advertising, promotional or judging
agencies, officers, directors, employees, agents, licensors, and assigns (collectively,
“Sponsor and Promotion Parties”) and the immediate family members (parent, child,
sibling or spouse of any of the foregoing, including step-parent, step-child or step-sibling)
and household members of such individuals (whether related or not) of each, are not
eligible to participate or win.
Entry Period Drawings: Prize winners will be selected for each Entry Period in a
random drawing to take place on or about the Drawing Date listed in the schedule below
from among all eligible Entries received for the applicable Entry Period (each an “Entry
Period Drawing”). Non-winning entries will carry forward to subsequent Entry Period
Drawings and to the Grand Prize Drawing (defined below). See Section 6 for prize
breakout per Entry Period.
Grand Prize Drawing: One (1) Grand Prize winner will be selected in a random
drawing to take place on or about January 17, 2017 from among all eligible entries received
for the entire Sweepstakes Period.
All drawings will be conducted by an independent judging agency whose decisions
are final and binding. Odds of winning are solely dependent upon the total number of
eligible entries received for a given drawing. Entries submitted during the Sweepstakes
Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent
sweepstakes. Limit one (1) prize per person/household per Entry Period. A winner of an
Entry Period Prize is eligible to win the Grand Prize.
ENTRY/DRAWING SCHEDULE: Each Entry Period begins on the Start Date indicated
below at 12:00:00 a.m. EST and ends on the End Date indicated below at 11:59:59 p.m.
Entry Period Start Date End Date/Mail-in
1 11/28/16 12/03/16 12/09/16 12/13/16
2 12/04/16 12/10/16 12/16/16 12/20/16
3 12/11/16 12/17/16 12/23/16 12/27/16
4 12/18/16 12/24/16 12/30/16 01/03/16
5 12/25/16 12/31/16 01/06/17 01/10/17
6 01/01/17 01/07/17 01/13/17 01/17/17
6. PRIZE DETAILS: Prizes are listed as follows: Prize Quantity / Prize description
/ Approximate Retail Value (“ARV”).
One (1) Grand Prize will be awarded for the entire Sweepstakes Period. / A Vail Resorts
Flyaway* (in Colorado; exact location to be determined by Sponsor at a later date, in
Sponsor’s sole discretion). See bottom of this section for the Vail Resorts Flyaway details.
/ ARV: $5,500.
ENTRY PERIOD PRIZES:
Twenty four (24) total; four (4) awarded per Entry Period. / One (1) pair of Mountain Dew
skis. / ARV: $349 each.
Thirty six (36) total; six (6) awarded per Entry Period. / One (1) Mountain Dew
Snowboard. / ARV: $150 each.
Twelve (12) total; two (2) awarded per Entry Period. / One (1) Mountain Dew Hoodie. /
ARV: $12.00 each.
Ninety (90) total; fifteen (15) awarded per Entry Period. / One (1) Mountain Dew Hat. /
ARV: $8.00 each.
Forty two (42) total; seven (7) awarded per Entry Period. / One (1) Mountain Dew T-shirt.
/ ARV: $8.00 each.
For Mountain Dew T-shirt and Hoodie Prizes, size will be determined by Sponsor, in
Sponsor’s sole discretion.
*Vail Resorts Flyaway Details: The Vail Resorts Flyaway consists of a trip for winner and
winner’s one (1) guest to a Vail Resort of Sponsor’s choice, at Sponsor’s sole discretion.
Additional prize details will be provided at the time of prize notification to include the
specific location. Travel must occur by March 15, 2017. Prize consists of round-trip,
coach-class, air transportation for winner and winner’s guest from the major commercial
airport with regularly-scheduled flights nearest winner’s permanent residence at the time of
entry; double-occupancy hotel accommodations for three (3) nights; $500 food and
beverage credit at the Vail Resort location; six (6) Vail Resort Ski Passes (in total) each
good for one (1) day at any participating Vail Resort location; and $500 spending money
(awarded in the form of a check, payable to winner). If winner resides within 150 miles of
Colorado location, ground transportation may be substituted in lieu of air transportation at
Sponsor’s sole discretion. All other expenses not specifically mentioned herein are solely
the responsibility of prize winner. All travel must be taken on dates specified by Sponsor at
time of notification; no alternative travel dates are available. Valid major credit card must
be provided at time of check-in to cover any incidental expenses. Once travel documents
are issued, neither travel arrangements nor guest may be changed without the express
approval of Sponsor which may be withheld for any reason whatsoever. Travel,
accommodations, and prize-related events are subject to availability and change and are at
Sponsor’s discretion. Ground transportation, meals, gratuities, incidentals, and all other
costs and expenses associated with the prize and not specifically described herein are the
sole responsibility of the winner and his/her guest. All travel is subject to government and
airline restrictions and regulations. Sponsor assumes no responsibility for cancelled,
delayed, suspended or rescheduled events (including airline flights or prize-related events).
Guest (if a minor, his/her parent or legal guardian who must be the winner) must sign and
return a liability release before any ticketing or travel occurs. Winner and his/her guest
must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s
license, passport) required for travel within the United States. Winner and his/her guest
must travel on the same itinerary. No changes may be made to the travel details once any
portion of travel arrangements have been made. Sponsor is not responsible for changes in
schedule of any element of the prize. Actual value of the prize will vary depending upon the
winner’s permanent residence and airline and hotel rate fluctuations.
Total ARV of all prizes is $20,476.00.
7. GENERAL: This Sweepstakes is governed by the laws of the United States and of
the State of New York without respect to conflict of law doctrines. Prize winner will be
solely responsible for paying all applicable federal, state and local taxes on a prize.
Unclaimed prizes will not be awarded. The Sponsor reserves the right to substitute a prize
of equal or greater value in the event a prize or any portion of a prize becomes unavailable.
No substitution of prize is offered, no transfer of prize to a third party is permitted, and
prize may not be redeemed for cash value except at the Sponsor’s sole discretion. Prize
winner will receive an IRS Form 1099 for the prize retail value, if applicable. If a winner is
unable to accept a prize as stated, prize will be forfeited in its entirety. Any difference
between the stated value of any prize and the actual retail value will not be awarded. Upon
forfeiture for any reason as stated in these Official Rules, no compensation will be given.
All federal, state and local laws and regulations apply. Any personal information provided
in connection with participation in the Sweepstakes will only be used by the Sponsor to
notify a potential winner and/or fulfillment of a prize and shall be subject to the Pepsi-Cola
8. CONDUCT: By participating in this Sweepstakes, entrants agree to be bound by
these Official Rules and the decisions of the Sponsor that shall be final and binding in all
respects. Failure to comply with these Official Rules may result in disqualification. The
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 the Sponsor to be in violation of the Official Rules; or to be acting in
any manner deemed by the 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
DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN
ATTEMPT BE MADE, THE SPONSOR AND ITS AGENTS RESERVE THE RIGHT
TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER
REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSBILE FOR THE
ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. LIMITATIONS OF LIABILITY: The 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, 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 Web Site or any
combination thereof; (e) suspended or discontinued Internet or wireless service; or (f) any
injury or damage to entrants or to any other person’s computer or property 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 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 the Sponsor reserves the right at its sole discretion to
cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event,
the Sponsor shall immediately suspend the drawing and awarding of the prizes, and the
Sponsor reserves the right to award the prizes in a manner deemed fair and equitable by the
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
the Sponsor shall not have any further liability to any entrant in connection with the
Sweepstakes. The Sponsor may modify and amend these Official Rules as they may appear
online from time to time during the Sweepstakes for clarification purposes without
materially affecting the terms and conditions of the Sweepstakes.
10. WINNER NOTIFICATION: If a potential winner participated via Twitter or
Instagram, he/she will be notified via direct message through his/her Twitter or Instagram
account (depending on method of entry) and will be required to respond to the notification
(as stated within the notification) within seventy-two (72) hours, indicating whether he/she
can accept the prize and to capture contact information. If a potential winner participated
via the Mail-in method of entry, he/she will be notified by phone, email and/or mail and
may also be required to respond to the notification (as stated within the notification) within
seventy-two (72) hours indicating whether he/she can accept the prize. If no response is
received within the time allotted, prize may be forfeited. Prize winners may be required to
sign and return an Affidavit of Eligibility/Liability Release with (where lawful) a publicity
release within seven (7) days of attempted winner notification as indicated by the date on
the Affidavit. Failure to return any required documents within seven (7) days may result in
prize forfeiture. Upon forfeiture for any reason as stated within these Official Rules, no
compensation will be given except in the Sponsor’s sole discretion. Prizes will be shipped
within 6-8 weeks of winner verification. If any prize is returned as undeliverable, prize will
be forfeited and Sponsor shall have no further liability to award that prize.
By accepting a prize, each winner agrees that his/her Entry will be deemed a Work
Made For Hire under the Copyright laws of the United States, but if it cannot be so
deemed, then the winner irrevocably assigns and transfers to the Sponsor all of his/her
right, title and interest in and to his/her Entry, including all but not limited to all copyright
and trademark rights which he or she may have, in the United States and worldwide,
therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.
Each winner hereby waives in favor of the Sponsor, all rights of “Droit Moral” or “Moral
Rights of Authors” or any similar rights or principles of law that winner may now or later
have to his/her Entry. The Sponsor reserves the right to alter, change or modify the winning
Entry, in its sole discretion. Upon request of the Sponsor, winner shall execute and deliver
such additional instrument of assignment, as may be solely deemed by the Sponsor,
reasonably necessary to establish the ownership of record of the right, title and interest in
and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived
under these Official Rules. Should the Sponsor fail to request the said assignment as stated,
that shall not be deemed a waiver of the Sponsor’s rights and the Sponsor may at a later
time request the assignment.
11. WINNER RELEASES: All entrants, as a condition of participating in the
Sweepstakes, agree to release the Sponsor and Promotion Parties, Twitter and Instagram
(and each of their respective officers, directors, employees, agents, licensors, affiliates and
assigns) 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 or participating in
any prize-related activity, including travel thereto, or any typographical or other error in
these Official Rules or the announcement or offering of any prize. The winner shall bear all
risk of loss or damage to their prize after it has been delivered. Except where prohibited by
law, winner grants to the Sponsor and Promotion Parties the right to print, publish,
broadcast and use worldwide in any media now known or hereinafter known, the winner’s
name, address, voice, statement, picture or other likeness, without additional compensation,
for public relations, advertising and promotional purposes as may be determined by the
12. WINNER’S LIST: For the names of the winners, send a self-addressed stamped
envelope by February 7, 2017 to: Pepsi Own The MTN Sweepstakes Winner’s List, 10
South 5th Street-7th Floor, Dept. 891-727, Minneapolis, MN 55402.
13. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with
Twitter or Instagram. Any questions, comments or complaints regarding this Sweepstakes
shall be directed to the Sponsor and not to Twitter or Instagram.