Pepsi-Cola – 2018 C&u Hydration Sweepstakes

2018 C&U HYDRATION SWEEPSTAKES
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. SWEEPSTAKES OPEN ONLY TO LEGAL U.S. RESIDENTS OF 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. SWEEPSTAKES SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT A LEGAL U.S. RESIDENT. VOID WHERE PROHIBITED.
1. HOW TO ENTER: No purchase, and no entry fee, payment or proof-of-purchase necessary to participate in the Sweepstakes. Sweepstakes starts October 8, 2018, at 12:00:00 a.m. ET and ends November 30, 2018 at 11:59:59 p.m. ET (the “Sweepstakes Period”).
THERE ARE TWO WAYS TO ENTER:
(A.) To enter the Sweepstakes via text message, use your mobile phone to text the Code “HYDRATION” to 99888 during the Sweepstakes Period to receive a URL link to enter for a chance to win the Grand Prize described below. After receiving the URL link, follow the instructions to submit an entry. You must have a mobile phone with text messaging capabilities to enter by text message. You agree to receive up to three (3) reply text messages about the Sweepstakes from Sponsor. Text entries via VoIP (Voice over Internet Protocol) will not be accepted. Participants accessing this Sweepstakes via text message may incur a standard text message and data charge from their wireless service provider for each message sent and received. Standard text message and data rates may apply. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate. . Entrants will be given the opportunity to “cancel” (or unsubscribe) each time they receive a text message by sending “STOP” to the phone number above.
(B.) To enter the Sweepstakes without sending a text message, log on to pepsipromos.com/hydration (the “Web Site”) and follow the instructions provided to submit an entry. You must provide your first and last name, mailing address, email address and phone number and date of birth in order to enter.
Limit one (1) entry per person/mobile phone number per day regardless of the method of entry. The individual entering will be deemed an Entrant. A day shall be defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. ET and ending at 11:59:59 p.m. ET.
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.
The name of the person submitting the phone number upon Sweepstakes entry must be (a) the name of the person who registered on the Web Site for such phone number, and (b) the name of the authorized account holder of such phone number, otherwise, entry may be deemed void. In the event of dispute over the identity of a potential winner, online entries will be declared made by the authorized account holder of the phone number submitted 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 of the phone number submitted upon entry. It is solely the responsibility of the entrant to notify the Pepsi-Cola Company in writing if the entrant changes his or her phone number during the Sweepstakes Period.
2. ELIGIBILITY: Open only to legal residents of 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 all 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, Sweepstakes or judging agencies (collectively, “Sponsor and Sweepstakes 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.
3. GRAND PRIZE: One (1) Grand Prize will be awarded. The Grand Prize Winner (“Winner”) will be allowed to choose one (1) Grand Prize Option from the three options listed below:
Grand Prize Option A (“Option A”): Option A will consist of a trip for two (2) to Los Angeles, California for attendance at the 2019 Propel Co-Labs event. Option A includes one (1) double occupancy standard hotel room for two (2) individuals for three (3) nights, roundtrip coach air transportation for two (2) from a major gateway airport nearest winner’s residence to the a major gateway airport near Los Angeles, California, and $500.00 in spending cash to be used towards the prize trip. If Grand Prize winner resides within 150 miles of Los Angeles, California, ground transportation may be substituted in lieu of air transportation at the sole discretion of Sponsor. Option A must be redeemed and all travel must completed by ¬¬¬¬¬June 30, 2019. If winner is unable or unwilling to travel by the date specified, the prize will be forfeited and may be awarded to an alternate winner. All travel subject to availability and restrictions; black-out dates apply and will be disclosed to the Grand Prize winner prior to prize selection. Selection of airport, airline and hotel is at Sponsor’s sole discretion. All other or additional expenses not specifically mentioned herein, including additional costs for transportation, are solely the responsibility of winner and guests. Winner and travel guests must travel on same itinerary. Travel guest must be 18 years of age or older (19 in AL or NE) to accompany the winner on all prize-related travel and events. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled air transportation, ground transportation or events beyond its control, and all prize details are subject to availability. Winner and travel guests must sign and return travel releases and any prize-related documents before any ticketing or travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g. a valid U.S. driver’s license) required for travel within the United States. Winner and guest must abide by all prize-related requirements and instructions. Winner understands that there are inherent risks involved in travel and prizing activities and that these risks may be present before, during and after the trip.
Grand Prize Option B (“Option B”): Option B will consist of a trip for two (2) to Breckenridge, Colorado, as well as an Epic Discovery Package for two (2). Option B includes roundtrip coach air transportation for two (2) from a major gateway airport nearest winner’s residence to a major gateway airport near Denver Colorado, Colorado Mountain Express Airport ground transportation shuttle service for two (2), one (1) $1,000 Rock Resorts Gift Card to be used for lodging for two (2) individuals for three (3) nights, Epic Discovery Package for two (2), and $500.00 in spending cash to be used towards the prize trip. If Grand Prize winner resides within 150 miles of Denver, Colorado, ground transportation may be substituted in lieu of air transportation at the sole discretion of Sponsor. Option B must be redeemed and all travel must completed from June 1 – August 31, 2019. If winner is unable or unwilling to travel by the date specified, the prize will be forfeited and may be awarded to an alternate winner. All travel subject to availability and restrictions; black-out dates apply and will be disclosed to the Grand Prize winner prior to prize selection. Selection of airport, airline and hotel is at Sponsor’s sole discretion. All other or additional expenses not specifically mentioned herein, including additional costs for transportation, are solely the responsibility of winner and guests. Winner and travel guests must travel on same itinerary. Travel guest must be 18 years of age or older (19 in AL or NE) to accompany the winner on all prize-related travel and events. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled air transportation, ground transportation or events beyond its control, and all prize details are subject to availability. Winner and travel guests must sign and return travel releases and any prize-related documents before any ticketing or travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g. a valid U.S. driver’s license) required for travel within the United States. Winner and guest must abide by all prize-related requirements and instructions. Winner understands that there are inherent risks involved in travel and prizing activities and that these risks may be present before, during and after the trip.
Grand Prize Option C (“Option C”): Option C will consist of a trip for two (2) to San Francisco, California, as well as tickets to a local museum, to be selected by Sponsor. Option B includes one (1) double occupancy standard hotel room for two (2) individuals for three (3) nights, roundtrip coach air transportation for two (2) from a major gateway airport nearest winner’s residence to the a major gateway airport near San Francisco, California and $500.00 in spending cash to be used towards the prize trip. If Grand Prize winner resides within 150 miles of San Francisco, California, ground transportation may be substituted in lieu of air transportation at the sole discretion of Sponsor. Option B must be redeemed and all travel must completed by ¬¬¬¬¬5/31/2019, 2019. If winner is unable or unwilling to travel by the date specified, the prize will be forfeited and may be awarded to an alternate winner. All travel subject to availability and restrictions; black-out dates apply and will be disclosed to the Grand Prize winner prior to prize selection. Selection of airport, airline and hotel is at Sponsor’s sole discretion. All other or additional expenses not specifically mentioned herein, including additional costs for transportation, are solely the responsibility of winner and guests. Winner and travel guests must travel on same itinerary. Travel guest must be 18 years of age or older (19 in AL or NE) to accompany the winner on all prize-related travel and events. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled air transportation, ground transportation or events beyond its control, and all prize details are subject to availability. Winner and travel guests must sign and return travel releases and any prize-related documents before any ticketing or travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g. a valid U.S. driver’s license) required for travel within the United States. Winner and guest must abide by all prize-related requirements and instructions. Winner understands that there are inherent risks involved in travel and prizing activities and that these risks may be present before, during and after the trip.
The actual retail value of all Grand Prize Options above may vary. If the actual value is less than the ARV of each Grand Prize Option, the difference will not be awarded to the winner. Any portion of any prize not accepted or used by the winner will be forfeited.
Individual ARV of each Grand Prize Option: $4,000.00.
Limit one Grand Prize Option for the winner. The Winner must decide which Grand Prize option they would like to choose by 1/1/2019. Specific travel dates must be selected at least forty five (45) days in advance of the travel date and are subject to availability and age restrictions.
4. PRIZE DRAWING: The Grand Prize winner will be selected in a random drawing from among all eligible entries received. Drawing will be held on or about December 1, 2018, and will be conducted by an independent judging organization. All decisions of the judges shall be final. Odds of winning depend upon the number of eligible entries received.
5. WINNER NOTIFICATION: The Potential Grand Prize winner will be notified by phone at the phone number provided by Entrant when registering for this Sweepstakes, and will be required to respond to the phone call within forty eight (48) hours indicating whether he/she accepts the prize. If no response is received within the time allotted, an alternate winner will be selected. Sponsor is not responsible for suspended or discontinued wireless service which may result in a potential winner not receiving initial prize notification. Sponsor is not responsible for any change in Entrant’s mailing address and/or telephone number. The potential Grand Prize winner must complete, sign, and return an Affidavit of Eligibility and the appropriate tax documents, if applicable (the “Documents”) within seven (7) calendar days of delivery of the Documents, or the prize will be forfeited in its entirety. If attempted notification is returned as undeliverable, if any required documents are not returned within the required number of days, if winner cannot be verified or found, or if winner is otherwise unable to accept the prize as stated, prize will be forfeited and may be awarded to an alternate winner. Allow two (2) to three (3) weeks for delivery of any tangible items relating to the prize following the notification process and shipment.
6. 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.
7. GENERAL: This Sweepstakes is governed by the laws of United States and of the State of New York without respect to conflict of law doctrines. Prize will be awarded and/or delivered only to an address 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. Grand Prize winner 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. All federal, state and local laws & regulations apply. Any personal information provided in connection with participation in the Sweepstakes will only be used by Sponsor to notify a potential winner and/or fulfillment of a prize and shall be subject to the Pepsi-Cola Company’s Privacy Policy available at http://www.pepsi.com/en-us/privacy-policy.
8. PUBLICITY: Where permitted by law, by participating in the Sweepstakes, Entrants grant Sponsor and Sweepstakes Parties, and their respective parents, subsidiaries, affiliates, and advertising and Sweepstakes agencies, and those acting pursuant to their authority, the right to print, publish, broadcast, and use any materials submitted by Entrants 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 Sweepstakes 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.
9. 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 SWEEPSTAKES 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.
10. 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 SWEEPSTAKES 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 FURTHER WAIVES THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. THE WINNER SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER IT HAS BEEN DELIVERED.
11. WINNERS’ LIST REQUEST: For the name of the First Prize Winners, send a self-addressed, stamped envelope to be received by January 1, 2019 to: 2018 C&U HYDRATION SWEEPSTAKES Winner’s List, P.O. Box 941459, Maitland, FL 32794-1459.
12. SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.
PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc.