Pepsi-Cola Lipton – White Tea Raspberry Sweepstakes

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LIPTON WHITE TEA RASPBERRY SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
TO BE ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS DEFINED
BELOW), YOU MUST LIVE IN AN AREA SERVICED BY UPS (“FULFILLMENT PARTNER”)
IN THE 50 UNITED STATES OF AMERICA AND D.C. AND MUST SATISFY THE OTHER
ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES,
WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.
WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE
SPONSOR, ADMINISTRATOR, AND OTHER SWEEPSTAKES ENTITIES BY YOU, A CLASS
ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE
SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR
RIGHTS AND REMEDIES.
1) Sweepstakes Entry Period: The Lipton White Tea Raspberry Sweepstakes (the
“Sweepstakes”) begins at approximately 12:00 PM Eastern Time (“ET”) on March 27, 2023 and
ends at 11:59 PM ET on April 3, 2023 (the “Sweepstakes Entry Period”). At the beginning of the
Sweepstakes Entry Period and throughout the Sweepstakes Entry Period, calls to action will be
posted from @Lipton Instagram and Twitter accounts (the “CTA Posts”). Eligible entrants may
participate in the Sweepstakes as provided herein.
2) Eligibility: To be eligible to enter the Sweepstakes and receive a Prize, entrants must, at
the time of entry, meet all of the following requirements: (i) be legal residents of 50 United States
or D.C. (“Territory”); and (ii) be 18 years of age or older and the age of majority in the entrant’s
jurisdiction as of the date and time of participation (each, a “Participant(s)”). To enter through
certain entry methods (detailed below), Participants may also be required to have an Instagram,
Twitter, or Facebook account. It is free to join Instagram, Twitter, and Facebook. Employees,
officers, directors and agents of Pepsi-Cola Company (“Sponsor”), Fooji, Inc. (“Fooji” or
“Administrator”), Fulfillment Partner, any other company involved in the presentation,
administration or fulfillment of the Sweepstakes, and their respective bottlers, parents,
subsidiaries, affiliated companies, and divisions (collectively, the “Sweepstakes Entities”) and
each of their immediate family members (defined as any spouse, partner, parent, legal guardian,
sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or
those living in the same household of any such person (whether or not related) are not eligible for
the Sweepstakes. Void outside the Territory and where prohibited or restricted by law.
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3) Sponsor and Administrator: The Sponsor of the Sweepstakes is Pepsi-Cola Company
located at 700 Anderson Hill Road, Purchase, New York 10577. The Administrator of the
Sweepstakes is Fooji, Inc. located at 257 E. Short St. Suite 200, Lexington, KY 40507.
4) How To Participate in the Sweepstakes: There are two (2) ways to enter a
Sweepstakes:
a. After an applicable CTA Post is made on Instagram, during the Sweepstakes Entry Period,
to participate and receive one (1) entry in the Sweepstakes, (i) comment on the applicable
CTA Post by tagging a friend on the CTA Post and use the hashtags
#LiptonWhiteTeaRaspberry and #Sweepstakes (“Required Hashtags”) (a “Participation
Action”); (ii) If the Sweepstakes is still ongoing when your Participation Action is received,
you will receive a link from @Lipton via Direct Message that directs you to the online
registration form; and (iii) You must click the link and fully complete the registration form
by providing your name, physical address, email address, and phone number, and submit
to Fooji a completed registration form for its receipt.
b. After an applicable CTA Post is made on Twitter, during the Sweepstakes Entry Period,
to participate, send an @reply on the Twitter platform to @Lipton with the emoji specified
in the CTA Post along with the hashtags #LiptonWhiteTeaRaspberry and #Sweepstakes
(“Required Hashtags”) (also, a “Participation Action”). If the Promotion is still ongoing
when your Participation Action is received, you will receive a link tweeted back to you that
directs you to the online registration form. You must fully complete the registration form
by providing your name, physical address, email address, and phone number and submit
to Fooji a completed registration form for its receipt.
c. After an applicable CTA Post is made on Facebook, during the Sweepstakes Entry Period,
to participate, click the link posted to the Lipton Facebook page (also, a “Participation
Action”). If the Sweepstakes is still ongoing when your Participation Action is received,
you will be re-directed to a website where you must fully complete the registration form by
providing your name, physical address, email address, and phone number and submit to
Fooji a completed registration form for its receipt.
Limit one (1) entry per person, per email address, per Instagram account, and per Twitter account
(if applicable). A maximum of one (1) Prize may be awarded per person, per Instagram or Twitter
account (if applicable), and per delivery address, in connection with the Sweepstakes. Normal
Internet access and phone/usage charges imposed by your online/phone service may apply. Each
registration form entry (if applicable) must be manually key stroked and manually entered by the
individual Participant; automated and/or repetitive submission of registration forms (including but
not limited to entries made using any script, macro, bot or sweepstakes service) will be
disqualified.
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This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with
Twitter Inc. or Meta Platforms, Inc. (Instagram and Facebook).
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the
Sweepstakes via a mobile device and/or download or transmit data via your mobile device, data
and messaging rates may apply according to the terms and conditions of your service agreement
with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges)
and may appear on your mobile phone bill or be deducted from your prepaid account balance.
Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more
information on rate plans and charges relating to your participation in this Sweepstakes. Check
your mobile device’s capabilities for specific instructions.
5) Prizes: There are five hundred (500) prizes available to be awarded in the Sweepstakes
(as further outlined in the chart below) (each a “Prize”). All federal, state and local taxes and all
other expenses not expressly listed in these Official Rules are the sole responsibility of the Prize
winner(s). Prize is nontransferable and may not be substituted or redeemed for cash by Prize
winner(s). No more than the stated number of Prizes will be awarded. Sponsor reserves the right
to substitute the Prize for one of equal or greater value. Prize type(s) and components will be
selected by Sponsor or its representatives in its/their sole discretion. All non-stated features of
the Prize(s) are determined in Sponsor’s sole discretion and subject to availability. Actual retail
value of the Prize(s) may vary, including variations based on the Participants’ location. Total ARV
of all Prizes available in this Sweepstakes: $14,000
6) Winner Selection: Odds of winning a Prize in this Sweepstakes depend on the number
of entries received. Fooji will be the official time keeping device for the Sweepstakes and all
decisions by the Administrator regarding the timing of entries and the order in which they are
received will be final and binding. Subject to compliance with these Official Rules, entries will be
accepted throughout the Sweepstakes Entry Period. Participants are limited to one (1) entry per
person during the Sweepstakes Entry Period.
Prize ARV of
Each Prize
Number of Prizes Available
Two (2) bottles of Lipton
White Tea Raspberry, one
(1) candle, one (1)
package of chocolates,
and one (1) package of
white rose petals (the
“Prize”)
$28 500
Total $14,000
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At the end of the Sweepstakes Entry Period, on or about April 4, 2023, Administrator will select
five hundred (500) random eligible and verified Participants who entered the Sweepstakes during
the Sweepstakes Entry Period in a random drawing as potential Prize winners (“Potential Prize
Winner”).
If you are chosen as a Potential Prize Winner, you will receive a winning notification via email
indicating that you are a Potential Prize Winner. Participants selected as winners are limited to
one (1) Prize per person, per Instagram or Twitter account (as applicable), and per delivery
address during the Sweepstakes Entry Period. Prizes will be facilitated through Fooji’s system.
Local merchants that participate in the Fulfillment Partner network may provide fulfillment and
delivery of the Prize(s). Except as determined by Sponsor in its sole discretion, no substitution of
any Prize is offered, no transfer of Prize to a third party is permitted, and non-cash Prize(s) may
not be redeemed for cash value. Prize(s) will be awarded and delivered only to addresses within
the Territory and will not be delivered to a P.O. Box. Verified Prize winner(s) (“Verified Prize
Winner(s)”) will be solely responsible for all applicable federal, state and local taxes on Prize(s)
and may receive an IRS Form 1099 for the retail value of the Prize and must provide Sponsor
and/or Administrator, as applicable, with a valid social security number if requested for tax
reporting purposes. All expenses associated with the receipt and use of a Prize not specifically
mentioned herein are solely the responsibility of the winners. Sponsor and/or Administrator are
not responsible for any delay or cancellation of the Prize delivery due to unforeseen
circumstances, or those outside of Sponsor’s or Administrator’s control, as applicable. Potential
winners are subject to verification and may be required to sign and return to Sponsor and/or
Administrator, as applicable, for its/their receipt within three (3) business days an Affidavit of
Eligibility/ Liability Release with (where lawful) a publicity release for receipt by Sponsor and/or
Administrator by the due date indicated in the notification message. If any required documents
are not timely received by Sponsor or Administrator, as applicable, or if any message or mail
intended for a winner is returned as undeliverable, then the applicable Prize may be forfeited.
Any request related to lost, mutilated, missing, unclaimed or stolen Prize(s) must be received
within 14 days of notification of winning or will be ignored.
7) General Rules / Limitations of Liability: By participating in the Sweepstakes,
Participants agree to be bound by these Official Rules and the decisions of the Sponsor which
shall be final in all respects. Participation in the Sweepstakes constitutes permission for the
Sponsor and its designees to use the Participant’s name, likeness, voice, biographical
information, prize information, quotes attributable to Participant, and any other elements of
Participant’s persona for purposes of advertising and trade in any and all media now known or
otherwise developed without further compensation or review. Participants agree that Fooji or the
Fulfillment Partner may send the notice to the telephone number the Participant provides during
the registration process, and Participants understand notifications will be sent using automatic
dialing technology. Participants understand that they are not required to agree to receive such
messages as a condition of participation. In the event there is a discrepancy or inconsistency
between disclosures or other statements (in any and all media) contained in any Sweepstakes
materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern
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and control. Sponsor, Administrator, and the other Sweepstakes Entities assume no responsibility
or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or
jumbled 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, software or providers utilized in any aspect of the
operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or the Instagram
platform or any combination thereof, or; (e) any injury or damage to Participant’s or to any other
person’s computer which may be related to or resulting from any attempt to participate in the
Sweepstakes. The Sponsor, Administrator, and other Sweepstakes Entities are not responsible
for the failure of any order to be received for any reason or for any delay in the processing or
failure to process any order or entries. The Sponsor and Administrator each reserve the right at
each of their sole discretion to disqualify any individual that tampers or attempts to tamper with
the order process or the operation of the Sweepstakes; violates the Official Rules; is suspected
of cheating, fraud, or acting in an unsportsmanlike or disruptive manner, or with intent to annoy,
abuse, threaten or harass any other person. Any Participant who uses or is suspected of using
cheating, fraudulent means, unauthorized ordering methods, or otherwise attempts to participate
multiple times, or with multiple identities, and/or addresses will be disqualified. Any attempt by
any person to undermine the legitimate operation of the Sweepstakes may be a violation of
criminal and civil law, and, should such an attempt be made, the Sponsor and Administrator each
reserve the right to seek damages from any such person to the fullest extent permitted by law.
The Sponsor or Administrator’s failure to enforce any term of these Official Rules shall not
constitute a waiver of that or any other provision. If, for any reason, the Sweepstakes is not
capable of running as planned, including infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures, changes to the Instagram platform that are
not acceptable to Sponsor or Administrator, or any other causes beyond the control of the Sponsor
or Administrator which corrupt or affect the administration, security, fairness, integrity or proper
conduct of the Sweepstakes, then the Sponsor and Administrator each reserve the right in their
sole discretion to cancel, modify, suspend or terminate the Sweepstakes in whole or in part. In
the event Administrator experiences a technical failure during admission of the Sweepstakes that
causes the Sweepstakes or a specific Sweepstakes to be suspended, Administrator shall select
a winner(s) by random drawing from all valid entries received in the Sweepstakes up to the point
of the technical failure. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A CONDITION
OF ENTRY INTO THE SWEEPSTAKES, ALL PARTICIPANTS AGREE TO RELEASE,
INDEMNIFY AND HOLD HARMLESS THE SPONSOR, ADMINISTRATOR, INSTAGRAM,
TWITTER, AND OTHER SWEEPSTAKES ENTITIES 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: PARTICIPATING IN ANY ASPECT OF THE SWEEPSTAKES; THE RECEIPT,
OWNERSHIP OR USE OF ANY PRIZE AWARDED; PREPARING FOR, PARTICIPATING IN
OR TRAVELING TO AND/OR FROM ANY PRIZE- RELATED OR SWEEPSTAKES-RELATED
ACTIVITY, OR; ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR
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ANY CTA POSTS OR OTHER ANNOUNCEMENTS RELATING TO THE SWEEPSTAKES. THE
WINNERS SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER THEY
HAVE BEEN DELIVERED. SPONSOR, ADMINISTRATOR, AND THE OTHER SWEEPSTAKES
ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE(S).
BY ENTERING ANY SWEEPSTAKES, PARTICIPANT AGREES THAT, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND
CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR
ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS
INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL
ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO
CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR,
AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO
SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS
AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES
NOT TO EXCEED TEN DOLLARS ($10.00)) AND/OR ANY RIGHTS TO HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE
FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT
APPLY TO YOU.
Without limiting any other provision in these Official Rules, the Sweepstakes Entities are not
responsible or liable to any Participant or winner (or any person claiming through such Participant
or winner) for failure to supply the prize or any part thereof in the event that any of the
Sweepstakes activities or Sweepstakes Entities’ operations or activities are affected by any cause
or event beyond the sole and reasonable control of the applicable Sweepstakes Entity (as
determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts
of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war
(declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion,
earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike
(whether legal or illegal), labor or material shortage, transportation interruption of any kind, work
slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any
governmental or quasi-governmental entity (whether or not such governmental act proves to be
invalid), or any other cause, whether or not specifically mentioned above.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION
1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR
TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER
AGAINST THE SWEEPSTAKES ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
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8) Food Allergy Notice: By entering the Sweepstakes, each Participant acknowledges and
agrees that any food-related Prize(s) offered in the Sweepstakes may contain milk, eggs, wheat,
soybean, peanuts, and tree nuts. Participants agree that the Sweepstakes Entities will have no
liability whatsoever to, and will be released and held harmless by, the Participants for any and all
food allergy-related complications that may result from exposure to food-related Prize(s) offered
in this Sweepstakes or otherwise ordered through Fooji.
9) Privacy Policy: By entering the Sweepstakes, Participants agree that any personal
information submitted by Participants may be used and shared by Sponsor subject to Sponsor’s
privacy policy posted at https://ekaterratea.com/us/en/privacy-notice.
10) Governing Law / Disputes/ Arbitration: Except where prohibited by law, as a condition
of participating in this Sweepstakes, each Participant agrees that (1) any and all disputes and
causes of action arising out of or connected with this Sweepstakes, including but not limited to
Prize awarded, shall be resolved individually, without resort to any form of class action, and
exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional
office nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation,
enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration
award may be entered in any court having jurisdiction. Under no circumstances will any
Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim,
punitive, incidental or consequential damages, or any other damages, including attorneys’ fees,
other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in
this Sweepstakes), and Participant further waives all rights to have damages multiplied or
increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT
APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of the Participant, Sponsor, and
Administrator in connection with the Sweepstakes, shall be governed by, and construed in
accordance with, the laws of the State of Illinois, without giving effect to any choice of law or
conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause
the application of the laws of any jurisdiction other than the State of Illinois.
11) Severability: If any term of provision of these Official Rules is found under the law to be
invalid or unenforceable, then such specific term or provision shall be of no force and effect and
shall be severed and the remainder of these Official Rules shall continue in full force and effect.
12) Winners List: For a winners’ list, no later than 60 days after the close of the Sweepstakes,
send an email request with the name of the Sweepstakes and the specific Sweepstakes to
hello@fooji.com or mail your request together with a self-addressed stamped envelope to Lipton
White Tea Raspberry Sweepstakes Winner’s List to Administrator at the address noted in Section
3 above.
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13) Questions? If you have any questions, you may contact us at help@fooji.com.