Pepsi-Cola Mtn Dew – Major Melon – Win AWARDED $1000000.00 awarded in the form of a check made out in the Winner’s name
THE MTN DEW MAJOR MELON™ PROMOTION (“Promotion”)
2021 OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A
PURCHASE DOES NOT INCREASE CHANCES OF WINNING. THIS PROMOTION
IS INTENDED FOR THE UNITED STATES. DO NOT ENTER IF NOT ELIGIBLE AND LOCATED
IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. SUBJECT
TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
ELIGIBILITY: Open to legal residents of the fifty (50) United States and the
District of Columbia who are at least 18 years of age and are of the legal age of majority in their
state of residence at the time of entry (19 in Alabama and Nebraska, 18 in all other locations).
Eligible participants must have a Twitter account (or create a free Twitter account if they do not
already have one). The Twitter account must be set to Public/Unprotected during the Promotion Period
to enter and have your Tweet seen, as set forth in Section 2; and set to receive a Direct Message
from anyone, for the Sponsor to contact you if you are the Grand Prize winner, as set forth in Section
6. Sponsor reserves the right to conduct a background check on the potential winner using all legal
means and all publicly available information, including but not limited to civil and criminal records,
and by entering this Promotion, the potential winner consents to such a background check. Sponsor
reserves the right to disqualify any potential winner for failure to satisfactorily pass a background
check or other failure to comply with these Official Rules, as determined by Sponsor in its sole
discretion. Factors that would result in disqualification as the potential prize recipient include,
without limitation, having been convicted of a felony or misdemeanor, committing a crime of fraud
or deceit, moral turpitude, being delinquent on a government ordered payment, such as child support,
spousal support, alimony, tax payments, etc. The following individuals are not eligible to enter or
win a prize: employees, contractors, directors, and officers of Pepsi-Cola Company (“Sponsor”),
its subsidiary and affiliated companies, the NFL Entities (as defined below), Marketing Resources,
Inc., and the web design, advertising, fulfillment, legal, judging, administrative, and agencies
involved in the administration, development, fulfillment, and execution of this Promotion (collectively,
“Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent,
and spouse or “step” of each) and those living in the same household of each such person (those
persons whether related or not who live in the same residence for at least three months during the
twelve-month period preceding the start date of the Promotion).
PROMOTION PERIOD: During the 2021 Super Bowl LV currently scheduled to take place
on Sunday February 7, 2021, the Sponsor will air one (1) television commercial (“Commercial”) revealing
the Promotion stating that participants have the opportunity to count and Tweet the number of qualifying
Mtn Dew Major Melon bottles, both regular and Zero Sugar, depicted in the Commercial as set forth in
more detail in these Official Rules. This Promotion begins when the Commercial posts on Sponsor’s
Twitter account at https://Twitter.com/MountainDew (“Start”). The Super Bowl LV, is currently scheduled
to occur on 2/7/21, but if the game is postponed, the Promotion will start when the Commercial is aired
on the new game date. The Promotion Period for the Promotion ends once one (1) participant correctly
Tweets or Retweets, comments on, or replies to the Promotion Tweet (as defined below) the number of
qualifying Mtn Dew Major Melon bottles, regular and Zero Sugar, that appear in the Commercial in
accordance with these Official Rules and that participant has been verified by Sponsor as the Official
winner, or if no participant answers correctly by 11:59:59 ET on 3/31/21, the Promotion ends (“End”)
(collectively the “Promotion Period”). Your Twitter account must be set to public/unprotected during
the Promotion Period (Go to your Twitter Account, click on the ••• icon (More) on the left side of your
page, Settings and Privacy, Your Account, Account Information, enter your Twitter password, Protected
Tweets, make sure the box is not checked and is set to No). Entries received before the Promotion Period
begins shall not be eligible for the Promotion. Twitter’s clock shall be the official timekeeping
device for the Start and End of the Promotion Period.
HOW TO ENTER: At the Start of the Promotion Period, a video of the Commercial
shown during the Super Bowl LV will be posted/tweeted by Sponsor at https://Twitter.com/MountainDew
(“Promotion Tweet”). The Promotion Tweet at Twitter.com/MountainDew is the official video version
used by the Sponsor to determine the correct number of bottles and is recommended as the official
video to be used by the participant for counting. To win, be the first person to Tweet or Retweet,
comment on, or reply to the Promotion Tweet (“Entry”) with the correct number of “qualifying” Mtn
Dew Major Melon bottles (regular and Zero Sugar) depicted in the Commercial (as set forth in more
detail below or at lifechangingDEW.com) (“Correct Bottle Count”). Numeric answers should be entered
without using commas, decimal points, or emojis. Non-numeric answers will trigger the “No Number Try
Again” auto-response from Twitter. For the Entry to be eligible, the Entry must tag @MountainDew, and
include the hashtags #MtnDewMajorMelon and #MyPromotionEntry. The first eligible Entry with the Correct
Bottle Count will be the potential Grand Prize winner (“Winner”), pending verification. In the case
of a tie (as determined by Sponsor in its sole discretion), the prize will be divided evenly among
all verified Winners. A Direct Message submission to the Sponsor’s Twitter account will be deemed an
The Twitter platform will be the official clock for determining when an Entry was posted and
in what order the Entries were received.
The following will be determinative in the “qualifying” Correct Bottle Count:
Correct Bottle Count will include bottles shown from the cap/top of the bottle to the bottom of
Mountain Dew label at some time during the scene. In the instance of drinking from a bottle, the cap
will be removed but if the bottle is shown from the top of the bottle to the bottom of the Mountain
Dew label, it still qualifies.
Correct Bottle Count will include bottles that overlap and have movement during a scene. If at
some time during a scene, you can see the cap/top of the bottle and at another time during that scene,
you can see the bottom of the label of that same bottle, that bottle is included in the Correct Bottle
Count, regardless of how that bottle may be positioned at the end of the scene.
Correct Bottle Count will include all correct and valid bottle depictions, including drawings,
reflections, 3d images/versions, pink neon bottles with green neon labels, silver metallic and otherwise,
regardless of the color of the cap or bottle and its design. In the instance of multiple reflections
of a bottle, each bottle in the reflection will count as one qualifying bottle (the reflections in the
sunglasses would count as two (2) bottles).
Correct Bottle Count will include bottles when portions may be obscured (as in a hand holding
the middle of the bottle or a side view of the bottle), but the bottle must be able to be seen as a
bottle from the cap/top to the bottom of the Mountain Dew label at some time during the scene, in order
to include that bottle in the Correct Bottle Count.
Correct Bottle Count will include images of bottles that appear blurred/out of focus in the
near background or when the video is paused for counting. Labels may not be readable on the blurred
image of the bottle, but will still count as eligible. As long as the image of the bottle is shown
from the cap/top of the bottle to the bottom of the Mountain Dew label that is a qualifying bottle.
Correct Bottle Count will include the total of all qualifying Mtn Dew Major Melon regular
bottles and all qualifying Mtn Dew Major Melon Zero Sugar bottles shown in the Commercial.
Correct Bottle Count will NOT include repeat images of a qualifying bottle. Bottles depicted
in the same place/same location throughout the video will count only once. In the instance of a
roller coaster scene with multiple cars, the cars portrayed are on a continuous loop throughout
the Commercial, and should only be counted once each.
Examples of qualifying bottles can be seen at lifechangingDEW.com.
Limit one (1) number guess per Entry. Limit three (3) Entries (via Twitter)/per Twitter account
during the Promotion Period. Limit one (1) Twitter account allowed per participant. Entries will
be deemed to be submitted by the participant in which the Twitter account is registered, based on
Twitter’s official records. A Direct Message submission Entry to the Sponsor’s Twitter account
will be deemed an invalid Entry.
Important Notice: If Entry is on Twitter via wireless device, standard data charges will apply.
Please consult data rate plan regarding pricing for data.
Automated means of submitting an Entry are prohibited, and any use of automated devices will
cause disqualification. In the event of a dispute regarding the identity of the participant, the
natural person associated with the corresponding Twitter account provided with the Entry will be
considered the participant, provided such individual is otherwise eligible to submit an Entry.
Participants may not enter with multiple Twitter accounts, nor may participants use any other
device or artifice to enter as multiple participants. If Participant includes multiple numbers
in a single Entry, only the first number mentioned will be considered. Any participant who attempts
to enter with multiple Twitter accounts, or uses any device or artifice including robotic, repetitive,
automatic, programmed, or similar methods or agents to enter multiple times will be disqualified,
in Sponsor’s sole discretion. Proof of sending or submission will not be deemed to be proof of
receipt by Sponsor. By participating, participants agree to abide by and be bound by these Official
Rules and the Sponsor’s decisions which will be final and binding in all respects.
Content: Each participant’s Entry and username/handle must abide by
Twitter guidelines and must be suitable for display and publication in all forms of media,
including but not limited to the internet, the World Wide Web, print, radio, and network, cable,
or satellite television broadcast. Accordingly, participant’s Entry and username/handle must be
dignified, modest and in good taste, may not be obscene or indecent, including but not limited
to profanity, must not contain any offensive or defamatory statements/references including but
not limited to words/images that might be considered offensive to individuals of any race, ethnicity,
religion, orientation or socioeconomic group, must not include threats to any person, place,
business, group or world peace, must not invade privacy or other rights of any person, firm or
entity, must not portray Sponsor or Sponsor’s brands or products in any way that might tend to
subject any of them to public contempt, scandal, disrepute or ridicule, and must not in any other
way violate any applicable laws, rules or regulations. Sponsor reserves the right to make determinations
of suitability in its sole and absolute discretion, and to disqualify any participant’s Promotion
Entry it determines to be inappropriate for any of the foregoing reasons or any other reason.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with Twitter.
Any questions, comments or complaints regarding this Promotion shall be directed to Sponsor and
not to Twitter.
Participant irrevocably waives all claims against the National Football League, its member
professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL
Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers,
directors, agents, representatives and employees (collectively, the “NFL Entities”) and agrees
that the NFL Entities will have no liability or responsibility for any claim arising in connection
with participation in this Promotion or the prizes awarded. The NFL Entities have not offered
or sponsored this Promotion in any way.
GRAND PRIZE (“Prize”):
ONE (1) GRAND PRIZE WILL BE AWARDED: ONE MILLION DOLLARS ($1,000,000.00), awarded in the form
of a check made out in the Winner’s name.
Please consult a tax advisor prior to accepting the Grand Prize and executing an Affidavit of
Eligibility to ensure any tax implications that may affect the Winner are understood.
No more than the stated number of prizes or prize amount will be awarded.
PRIZE RESTRICTIONS: Prize is non-transferable, and no prize substitution permitted,
except at the sole discretion of the Sponsor. If a prize cannot be awarded for any reason, Sponsor
reserves the right in their sole discretion to substitute a prize with one of comparable value.
All costs and expenses associated with prize acceptance and use not specifically provided herein
are the responsibility of the Winner.
WINNER NOTIFICATION AND PRIZE CLAIM: NOTIFICATION OF POTENTIAL WINNER STATUS MUST BE
KEPT CONFIDENTIAL BY YOU UNTIL THE WINNER IS PUBLICLY REVEALED BY SPONSOR OR THE GRAND PRIZE WILL BE
FORFEITED. Winner is subject to verification, including verification of age. Participants’ Twitter
accounts MUST be set to receive Direct Messages in order for you to be notified if you are a potential
Winner (Go to your Twitter Account, Settings, Privacy and Safety, Direct Messages, and make sure “Allow
message requests from anyone” is checked). Potential Winner will be notified via private direct message
on Twitter. It is the Winner’s responsibility to timely set account settings to accept contacts by Sponsor
and to timely check their account for such messages. Potential Winner will be contacted within twenty-four
hours (24) hours of posting the Entry with the Correct Bottle Count via Twitter Direct Message and will
be required to respond within forty-eight (48) hours to the email address given in the Direct Message.
If the potential Winner does not respond to the Twitter Direct Message notification within forty-eight
(48) hours of first notification attempt, the Grand Prize will be forfeited at Sponsor’s discretion and
the second participant that posted the Correct Bottle Count will be contacted. Upon receipt of potential
Winner’s response email, the potential Winner will be sent and will be required to complete and return,
within 48 hours, the Background Investigation Disclosure to supply the information needed to start the
background check. Additional winner documents will be sent to the potential Winner to verify eligibility
by completing, signing, notarizing, and returning an Affidavit of Eligibility/Liability Release, along
with copy of the potential Winner’s valid Driver’s License/Government ID and a completed W9 Tax Form,
within five (5) business days of traceable email receipt, or Grand Prize may be forfeited in Sponsor’s
discretion, and the second participant that posted the Correct Bottle Count will be contacted. In the
Sponsor’s discretion, it may request the potential Winner to sign a Publicity Release (granting the use
of the Winner’s name, Twitter handle, city/state, likeness, or photograph by Sponsor for advertising/publicity
purposes, without further compensation, except where prohibited by law) which potential Winner can sign
in its sole discretion, provided that Sponsor is permitted to announce the existence of a winner and the
correct answer without further documentation from the potential Winner. The potential Winner may be required
to demonstrate ownership of the relevant Twitter account and post, in Sponsor’s sole discretion. After
the Potential Winner has been verified by the Sponsor, the Potential Winner may choose to delete the
correct Entry so as to protect their identity.
Sponsor is not responsible for any change of Twitter accounts, mailing address, email address, or
telephone number of participants. If a Grand Prize notification is not responded to, or returned as
undeliverable; if any Grand Prize correspondence is not returned within the required time period; if
potential Winner declines the prize for any reason; or if potential Winner is found not to be eligible,
such potential Winner will forfeit the prize.
Sponsor reserves the right to conduct a background check on the potential Winner using all legal
means and all publicly available information, including but not limited to civil and criminal records,
and by entering this Promotion, the potential Winner consents to such a background check. Sponsor
reserves the right to disqualify any potential Winner for failure to satisfactorily pass a background
check for one of the reasons set forth in Section 1 or other failure to comply with these Official
Rules, as determined by Sponsor in its sole discretion.
Tax Reporting and Withholding: The Winner is solely responsible for any taxes on the prize and
will be issued an IRS Form 1099 reporting the value of the prize. The potential Winner must submit
a current, valid, and executed Form W-9 with their U.S. tax identification number (“TIN”). The potential
Winner understands that the Sponsor will compare the TIN listed on the submitted Form W-9 with IRS
records to confirm that the TIN matches the potential Winner’s name listed on the submitted W-9. If
the TIN does not match, no prize will be awarded. If the TIN matches, but the Sponsor is advised by
any federal or state government agency that the potential Winner is subject to backup withholding,
then any award paid will be net of the required withholding. The Prize Winner is advised that all
winnings are subject to federal and state reporting including on Form 1099-MISC (Box 3) and that the
Winner is responsible for any federal, state, local income/sales tax or associated withholding tax
and the Winner agrees to indemnify the Sponsor for any such withholding that the Sponsor is required
to remit as a withholding agent but has not collected from the Winner.
Prize Delivery: The prize will be awarded within 4 – 6 weeks after Winner verification.
SECOND CHANCE DRAWING: In the event no eligible Entry with the Correct Bottle Count
is received during the Promotion Period or if a Grand Prize Winner cannot be verified or is disqualified
for any reason, all eligible, non-suspect participants who have submitted an eligible Entry during
the Promotion Period will be entered in a second chance random drawing (“Second Chance Drawing”) for
the opportunity to win the Grand Prize. In the event a Second Chance Drawing is conducted, the Sponsor
will select a potential Grand Prize Winner in a random drawing from among all eligible, non-suspect
participants received via Twitter prior to the end of the Promotion Period. All participants with
eligible Entries will receive three (3) Entries into the drawing. Odds of winning the Grand Prize
through the Second Chance Drawing depend on the number of eligible participants received during the
Promotion Period. Any Second Chance Drawing will be conducted on or about April 13, 2021, by a third
party promotion administrator/Sponsor representative, whose decisions shall be final and binding on
all matters relating to the Promotion. The potential Grand Prize Winner selected through the Second
Chance Drawing shall be subject to a background check and verification as set forth in Section 6 of
these Official Rules. If the potential Grand Prize Winner selected through the Second Chance Drawing
cannot be verified or is not eligible for any reason, Sponsor reserves the right not the award the
GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY
DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL
AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES
(INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT
PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Promotion (or any portion thereof) is not
capable of running as planned for any reason, including without limitation, due to infection by
computer virus, bugs, tampering, unauthorized intervention, fraud, hacking, technical failures, or
any other causes which corrupt or affect the administration, security, fairness, integrity, or proper
conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any
individual who is responsible for or who tampers with the entry process (and void all associated
entries), and/or to cancel, modify, or terminate the Promotion. Upon forfeiture of the Grand Prize
for any reason stated in these Official Rules, no compensation will be given.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the
Sponsor, Marketing Resources, Inc., the Promotion Parties, and Twitter (collectively, “Releasees”)
resulting from a participant’s participation in, attempt to participate in, or download of any information
in connection with participating in the Promotion. No responsibility or liability is assumed by the
Releasees for mechanical, human, computer, network, typographical, electronic, or technical problems or
technical malfunction, including, without limitation, those arising in connection with any of the following
occurrences that may affect the operation of the Promotion: hardware or software errors; faulty computer,
telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online
communication problems; errors or limitations of any Internet service providers, servers, hosts, or
providers; garbled, jumbled, or faulty data transmissions; poor, faulty, jumbled, or garbled transmission
or streaming of the Commercial; unavailability or delayed transmission of the Commercial in whole or
in part for any reason in any media; failure of any email transmissions to be sent to or received; lost,
late, delayed, or intercepted email transmissions; inaccessibility of the website/wireless service in
whole or in part for any reason; traffic congestion on the Internet or website/wireless network;
unauthorized human or non-human intervention in the operation of the Promotion, including without
limitation, unauthorized tampering, hacking, fraud, theft, virus, bug, worm affecting any part of the
Promotion, including but not limited to Twitter, Sponsor’s or participant’s Twitter account, participants’
or other Promotion related platform or account; or destruction of any aspect of the Promotion, Twitter,
Sponsor’s Twitter account or other Promotion related platform or account. Sponsor is not responsible
for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate
or incorrect data contained on promotional materials or on the website/mobile site. Use of website/wireless
networks is at participant’s own risk. Releasees are not responsible for any personal injury or
property damage or any other losses of any kind that may be sustained to participant’s or any other
person’s computer equipment/mobile phone resulting from participation in the Promotion, use of any
website/wireless networks or the download of any information from any website/mobile site, or any
other loss related to participant’s participation in the Promotion or receipt of any prize. As a
condition of entering, participants agree to release Sponsor, Promotion Parties and Twitter, Inc.
from any and all liability, loss, or damage incurred with respect to participant’s participation in
the Promotion and the awarding, receipt, possession, and/or use or misuse of any prize.
In the event Sponsor is prevented from running or continuing to run the Promotion or any
portion thereof (including, without limitation, airing the Commercial during the 2021 Super Bowl
LV), or the integrity and/or feasibility of the Promotion is severely undermined by any event
beyond the control of Sponsor, including but not limited to fire, flood, epidemic, pandemic
(including COVID-19), earthquake, explosion, labor dispute or strike, acts of God or public enemy,
satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist
threat or activity, or any federal, state or local government law, order, or regulation, order of
any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures,
or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence),
including without limitation, the cancellation, suspension, or modification of the 2021 Super Bowl
LV, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or
terminate the Promotion without any further obligation. In such event, Sponsor shall immediately
suspend all drawings and prize awards, and Sponsor reserves the right to award any 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 Promotion. Sponsor may modify and amend these
Official Rules as they appear online from time to time during the Promotion for clarification purposes
without materially affecting the terms and conditions of the Promotion.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to the
Promotion shall be settled by binding arbitration in a location determined by the arbitrator
as set forth herein (provided that such location is reasonably convenient for claimant), or
at such other location as may be mutually agreed upon by the parties, in accordance with the
procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and
Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The
arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall
apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations,
and shall honor claims of privilege recognized at law. In the event that the claimant is able to
demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation,
Pepsi-Cola Company will pay as much of the claimant’s filing and hearing fees in connection with
the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other
than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts
with the rules and procedures established by JAMS, then the balance of this arbitration provision
shall remain in effect and shall be construed in accordance with its terms as if the invalid,
unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion
that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class
or representative basis, then the entirety of this arbitration provision shall be null and void, and
neither claimant nor Pepsi-Cola Company shall be entitled to arbitrate their dispute. Upon filing
a demand for arbitration, all parties to such arbitration shall have the right of discovery, which
discovery shall be completed within sixty days after the demand for arbitration is made, unless
further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS
PARAGRAPH SHALL BE IN THE PARTICIPANTS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE
CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF
THE PARTICIPANT DOES NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE
BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY
APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED
WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION
AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS
AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN
NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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), AND/OR ANY RIGHTS TO HAVE
DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM
FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR
EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO
THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize,
Winner grants permission for Sponsor and those acting under its authority to use their name, and
address (city and state), photograph, voice and/or likeness, for advertising and/or publicity
purposes, in any and all media (including posting on Website) now known or hereinafter invented
without territorial or time limitations and without further notice to and without additional
compensation. If selected as a Winner, the participant’s information may also be included in a
publicly-available Winner’s list.
GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, the participant’s rights
and obligations, or the rights and obligations of the Sponsor in connection with the Promotion,
shall be governed by, and construed in accordance with, the laws of the State of New York, without
giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings
which are not subject to arbitration as set forth in Section 10 of these Official Rules. By entering,
the participant consents to the jurisdiction and venue of the federal, state, and local courts
located in Westchester County, New York for the resolution of all disputes, and agree that any
and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any
terms of these Official Rules shall not constitute a waiver of that or any other provision. If any
provision of these Official Rules is held to be invalid or unenforceable, such provision shall be
struck, and the remaining provisions shall be enforced.
WINNER LIST: The Grand Prize Winner will be posted online at www.lifechangingDEW.com
after the Winner has been verified.
SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, New York, NY 10604.
© 2021 Pepsi-Cola Company. All rights reserved..