Pepsi-Cola – Mtn Dew X Little Caesars X Call Of Duty Gift With Purchase And Sweepstakes
MTN DEW® x LITTLE CAESARS® x CALL OF DUTY® GIFT WITH PURCHASE AND SWEEPSTAKESOFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCE TO WIN A SWEEPSTAKES PRIZE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. GIFTS AVAILABLE WHILE SUPPLIES LAST.
LIMIT 1 HR DUAL 2XP PER DAY, 40 HRS TOTAL, APPLIES TO ALL DUAL 2XP REDEMPTIONS FOR CALL OF DUTY®: MODERN WARFARE® II (2022) AND CALL OF DUTY®: WARZONETM 2.0 (NOT LIMITED TO THIS PROGRAM)
INTERNET CONNECTION REQUIRED. GAME SOLD/DOWNLOADED SEPARATELY. ONLINE MULTIPLAYER SUBSCRIPTION MAY BE REQUIRED, SOLD SEPARATELY.
PROGRAM PERIOD: The Program consists of a gift with purchase offer (“Offer”) and a sweepstakes (“Sweepstakes”). The Sweepstakes begins at 12:00 PM Eastern Time (“ET”) on October 17, 2022 and ends at 11:59:59 PM ET on December 31, 2022 (“Sweepstakes Period”). The Offer period begins at 12:00 PM ET on October 17, 2022 and ends at 11:59:59 PM ET on March 28, 2023 (“Offer Period”). The Sweepstakes Period and the Offer Period are collectively the “Program Period”. Offer items are only available while supplies last. Sponsor reserves the right to modify or terminate the Offer at any time. The Sweepstakes is comprised of eleven (11) separate entry periods (each, an “Entry Period”) as set forth below:
Entry Period
Start Date and Time
End Date (at 11:59:59 PM ET)
Random Drawing Date (on or about)
1
October 17, 2022 at 12:00 PM ET
October 23, 2022
October 25, 2022
2
October 24, 2022 at 12:00 AM ET
October 30, 2022
November 1, 2022
3
October 31, 2022 at 12:00 AM ET
November 6, 2022
November 8, 2022
4
November 7, 2022 at 12:00 AM ET
November 13, 2022
November 15, 2022
5
November 14, 2022 at 12:00 AM ET
November 20, 2022
November 22, 2022
6
November 21, 2022 at 12:00 AM ET
November 27, 2022
November 29, 2022
7
November 28, 2022 at 12:00 AM ET
December 4, 2022
December 6, 2022
8
December 5, 2022 at 12:00 AM ET
December 11, 2022
December 13, 2022
9
December 12, 2022 at 12:00 AM ET
December 18, 2022
December 20, 2022
10
December 19, 2022 at 12:00 AM ET
December 25, 2022
December 28, 2022
11
December 26, 2022 at 12:00 AM ET
December 31, 2022
January 5, 2023
Non-winning entries will carry forward to subsequent Entry Periods. The Administrator’s computer is the Program official clock.
ELIGIBILITY: The Program is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least seventeen (17) years old at the time of entry or Qualifying Purchase (defined in Section 3 of these Official Rules). Must have an active Activision account in good standing to redeem an Offer item. Employees, directors, officers, and agents of Sponsor, Administrator, Activision Publishing, Inc., Little Caesar Enterprises, Inc., and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, franchisees, advertising and promotional agencies and suppliers involved in the Program (“Program Entities”), as well as the members of each of their immediate families (spouse, parents, children, siblings, and in-laws) and persons residing in the same household as such individuals are not eligible to participate. Void where prohibited or restricted by law.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Program.
HOW TO ENTER IN THE SWEEPSTAKES: No Purchase Necessary to Enter. There are two (2) ways to enter the Sweepstakes:
Make A Purchase: During the Sweepstakes Period, and while supplies last, an entrant must make a purchase of any food or beverage product from a participating Little Caesars location (“Qualifying Purchase”). All Qualifying Purchases must be made during the Program Period to be eligible to participate in the Offer. Entrants who order through the Little Caesars website or mobile app will receive a unique code on their digital receipt (“Receipt Code”). Entrants who order directly at the counter must keep their original register receipt.
During the Sweepstakes Period, an entrant must visit https://littlecaesarscallofduty.com or https://mtndewgaming.com/littlecaesars(each, and collectively, the “Website”) and complete and submit the registration page including but not limited to, their first and complete last name (no initials), valid e-mail address, mailing address (P.O. Boxes are not permitted), city, state, ZIP Code, date of birth, and password to create a program account (“Program Account”). The entrant will be prompted to link his/her Activision account (“Activision Account’) and must follow the on-screen prompts to allow mtndewgaming.com to access the Activision Account. To create a free Activision Account, visit https://s.activision.com/activision/signup. Limit one (1) Program Account and one (1) Activision Account per person. Once a Program Account and Activision Account have been successfully created, entrant must follow the on-screen instructions to submit the Receipt Code found on the Little Caesars digital receipt or upload and submit an image of the Qualifying Purchase original register receipt. The Qualifying Purchase original register receipt image file must be in .JPEG, .JPG, GIF, or .PNG format and may not exceed 10MB. Receipts must be readable, and must include purchase date, store address, and transaction total. Mechanical reproductions, altered receipts, digital receipts, or unreadable receipts, as determined in Sponsor or Administrator’s sole discretion, will not be accepted. Upon submitting a Receipt Code or uploading a receipt and checking the box to enter the Sweepstakes, entrant will receive one (1) Sweepstakes entry into the applicable Entry Period.
Receipt Codes and Qualifying Purchase original register receipts are hereafter referred to as a “Proof of Qualifying Purchase”. All Proof of Qualifying Purchases must be received by Sponsor or its authorized designee by 11:59:59 PM ET on March 28, 2022, while supplies last.
NOTE: During the Program Period, an entrant may receive a link to the Website by scanning the QR code on select Program print advertising. An entrant may center the QR code in the camera and scan the QR code. Once completed, the entrant will receive a link to the Website, and may follow the steps noted above to enter. An entrant cannot participate solely by scanning the QR code.
Enter Without Making A Purchase: An eligible entrant may visit the Website and follow the registration steps set forth above to create a Program Account, and may skip linking an Activision Account. The entrant must follow the on-screen prompts to navigate to the Sweepstakes entry page and click “SUBMIT” to enter. Entrant will receive one (1) Sweepstakes entry into the applicable Entry Period.
Entry Limit: Regardless of method of entry, there is a limit of one (1) Sweepstakes entry per person per day during the Sweepstakes Period. If more than one (1) entry is received from the same person, phone number and/or e-mail address in a single day, only the first entry received will be considered valid. All entries must be submitted at the Website by 11:59:59 PM ET on December 31, 2022.
HOW TO PARTICIPATE IN THE OFFER: Purchase Required to participate in the Offer. To participate in the Offer, entrant must make a Qualifying Purchase, visit the Website to register for the Program as outlined above, create a free Activision Account and link it to his/her Program Account, and upload a Proof of Qualifying Purchase as outlined above in Section 3A. Codes from food items will only be available until December 31, 2022 and Codes from beverages will be available until March 28, 2023, or while supplies last. Upon registering for the Program, entrant will be prompted to link his/her Activision Account and must follow the on-screen prompts to allow mtndewgaming.com to access the Activision Account to automatically apply Offer items. Entrant will be required to create a free Activision Account and link it to his/her Program Account before earned Offer items will become available in-game. A Proof of Qualifying Purchase may only be used once to receive an Offer item. A Proof of Qualifying Purchase may not be used by more than one (1) entrant. Limit two (2) Proof of Qualifying Purchases may be submitted per day, per person; and a total of eighty (80) Proof of Qualifying Purchases submitted during the entire Program Period. A “day” is defined as starting at 12:00:00 AM ET and ending at 11:59:59 PM ET on a calendar day, except on October 17, 2022, when a day starts at 12:00:00 PM ET and ends at 11:59:59 PM ET. Proof of Qualifying Purchase submitted in excess of the limits set forth herein will not be accepted. NOTE: Proof of submission does not constitute proof of delivery or receipt of the Proof of Qualifying Purchase. All Proof of Qualifying Purchases must be received by Sponsor or its authorized designee by 11:59:59 PM ET on March 28, 2023, while supplies last.
Note: participation in the Offer does not automatically enter an entrant into the Sweepstakes. To enter the Sweepstakes, all entrants must navigate to the Sweepstakes entry page and follow the on-screen instructions and click “SUBMIT”.
OFFER ITEMS AND CONDITIONS: Upon verification of the Proof of Qualifying Purchase, the entrant will automatically receive thirty (30) minutes of Dual 2XP. Additionally, for the first verified Proof of Qualifying Purchase, the entrant will receive each of the following Offer items: a Little Caesars player card, a Little Caesars emblem, and a Little Caesars weapon charm. For any Proof of Qualifying Purchases submitted after the first verified Proof of Qualifying Purchase, entrant will receive unlock Dual 2XP (up to forty [40] hours).
Offer items are non-transferrable and will only be available for the Activision Account linked to the entrant’s Program Account. Offer items will be automatically applied to the Activision Account associated with the entrant’s Program Account as a digital redemption code (“Code”), and will be available for use starting on October 28, 2022, upon game launch. Limit of one (1) total hour (60 minutes) of Dual 2XP per person per day. Maximum of forty (40) total hours of Dual 2XP per Activision Account during the Program Period, which applies to all Dual 2XP redemption for Call of Duty®: Modern Warfare® II (2022) and Call of Duty®: WarzoneTM 2.0 and is not limited to this Program.
LIMIT ONE (1) HR DUAL 2XP PER DAY, FORTY (40) HRS TOTAL, APPLIES TO ALL DUAL 2XP REDEMPTIONS FOR CALL OF DUTY®: MODERN WARFARE® II (2022) AND CALL OF DUTY®: WARZONETM 2.0 (NOT LIMITED TO THIS PROMOTION).
Codes cannot be sold, traded, bartered, assigned or transferred to or shared with a third party, auctioned through an online auction site, or otherwise or obtained through any source other than from one of the methods mentioned above. Codes may be null and void if not obtained through authorized, legitimate channels. Each Code may only be used one (1) time and subsequent attempts to re-submit or re-use the same Offer item will be void. In order to assign the Code to an Activision Account, Online ID, Gamer Tag, or Battle Tag the Activision Account holder must purchase and/or download (as applicable) Call of Duty®: Modern Warfare® II (2022) or Call of Duty®: WarzoneTM 2.0 and log into Battle.net, PlayStation Network or Xbox Live and Register their game On-Line.
Sponsor assumes no liability for discrepancies, omissions, inconsistencies or errors in the number of Codes entered or the in-game items acquired as a result thereof as reported on the Website. If any part of any Code is counterfeited, or if the Code comes from other games or promotions, or if any part is illegible, mutilated or tampered with in any way, or if it contains or reflects printing, typographical, mechanical or other errors, the Code, as applicable, will be rejected and will be deemed void and invalid. Each entrant acknowledges and agrees that the decisions of Sponsor with respect to Code entry and Offer item transactions are final and binding, including without limitation, determinations regarding the validity of Codes.
All Codes are subject to verification at the sole discretion of the Sponsor. Entrant is not eligible to redeem their in-game item until their Code has been submitted and verified and their Offer item has been properly redeemed in accordance with these Terms and Conditions, and participant has fully complied with these Official Rules. Anti-fraud detection devices may be used for verification purposes. Codes will be void if they fail to pass anti-fraud detection measures, or, if determined by Sponsor in its sole discretion, to be unauthorized, illegitimately obtained (i.e., through means other than those stated) or if they contain an unauthorized message, Code or other marking not issued by Sponsor for use in this Offer, or if defective or if they contain printing or other mechanical errors or are printed or produced in error or are illegible or unreadable or blank. No in-game item redemption will be valid if such entry is associated with any Code deemed void for any reason, including without limitation, the following: (a) Code is not verified or recognized as being validly issued by Sponsor in the Offer; (b) Code is determined to be previously entered and used, except as provided herein; (c) Code is incorrectly or incompletely entered or submitted; or (d) Code is otherwise void. Each entrant acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Offer, including without limitation determinations regarding the validity of Codes and other materials submitted for verification or in-game item redeemed. Sponsor shall have no obligation to the holder of any void Code. Sponsor may, at its sole discretion and without obligation, elect to replace an illegible Code with one (1) alternate code, if appropriate, upon request while supplies last. Sponsor reserves the right to inspect and examine any illegible game card prior to issuing a replacement. Replacements shall be issued at Sponsor’s sole discretion and may be denied in the event of non-compliance with these Official Rules. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void Code.
IMPORTANT FOR ENTRANTS USING A MOBILE DEVICE TO PARTICIPATE IN THE PROGRAM: Message and data rates may apply. Not all mobile telephone providers carry the service necessary to access the Website to participate in the Program. Entrants should consult their wireless provider’s pricing plans.
SWEEPSTAKES RANDOM DRAWINGS: On or about each of the Random Drawing Dates set forth in Section 1, Administrator will randomly select the following number of winners from among all eligible entries received for the applicable Entry Period:
Entry Period
Number of Potential Winners Selected
1
1,037
2
787
3
297
4
292
5
291
6
292
7
292
8
291
9
291
10
291
11
291
Each winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. All drawings conducted by Administrator whose decisions shall be final.
SWEEPSTAKES PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
Entry Period 1 Prizes: The following prizes are available Entry Period 1:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
3
$1,047.93
A Call of Duty®: Modern Warfare® II Game
750
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
11
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
Entry Period 2 Prizes: The following prizes are available Entry Period 2:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
3
$1,047.93
A Call of Duty®: Modern Warfare® II Game
500
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
11
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
Entry Period 3 Prizes: The following prizes are available Entry Period 3:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
3
$1,047.93
A Call of Duty®: Modern Warfare® II Game
10
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
11
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
Entry Period 4 Prizes: The following prizes are available Entry Period 4:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
3
$1,047.93
A Call of Duty®: Modern Warfare® II Game
5
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
11
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
Entry Period 5 Prizes: The following prizes are available Entry Period 5:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
3
$1,047.93
A Call of Duty®: Modern Warfare® II Game
5
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
10
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
Entry Period 6 Prizes: The following prizes are available Entry Period 6:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
4
$1,047.93
A Call of Duty®: Modern Warfare® II Game
5
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
10
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
Entry Period 7 Prizes: The following prizes are available Entry Period 7:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
4
$1,047.93
A Call of Duty®: Modern Warfare® II Game
5
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
10
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
Entry Period 8 Prizes: The following prizes are available Entry Period 8:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
3
$1,047.93
A Call of Duty®: Modern Warfare® II Game
5
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
10
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
Entry Period 9 Prizes: The following prizes are available Entry Period 9:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
3
$1,047.93
A Call of Duty®: Modern Warfare® II Game
5
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
10
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
Entry Period 10 Prizes: The following prizes are available Entry Period 10:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
3
$1,047.93
A Call of Duty®: Modern Warfare® II Game
5
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
10
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
Entry Period 11 Prizes: The following prizes are available Entry Period 11:
Prize
Quantity Available
ARV of Each
A PS5, Controller, and Custom Console and Controller Skin
3
$1,047.93
A Call of Duty®: Modern Warfare® II Game
5
$100
A Sony PlayStation 5 DualSense Wireless Controller
18
$94.75
A Sony PlayStation 5 DualSense Charging Station
18
$55.80
An Infinity Smart Pad
5
$18.40
A Wedge™ Mobile Device Stand with Built-In Wireless Charger
5
$31.40
An 18 oz Yeti
10
$36.14
An Elite Knit Beanie
225
$17.90
A 10L Mini Cooler
2
$157.73
No more than four thousand four hundred fifty-two (4,452) prizes, as outlined above, will be available in the Sweepstakes.
Total ARV: The total ARV of all available prizes in the Sweepstakes is: $251,117.97.
Odds of Winning: The odds of winning a prize depend on the total number of eligible Sweepstakes entries received during the applicable Entry Period.
General Prize Conditions: In no event will more prizes than are stated in these Official Rules be awarded. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Limit of two (2) prizes per Entry Period per person/household (for a total of twenty-two [22] prizes per person during the entire Program Period). No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure.
HOW TO CLAIM A PRIZE: All potential winners are subject to verification of eligibility and compliance with these Official Rules. After a Random Drawing, Administrator will notify each potential winner via e-mail at the e-mail address provided at the time of registration. Each potential winner of a prize valued at $600 or more will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents within five (5) calendar days from the date of attempted notification or the prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. Failure to provide all required information and a signature on any required documents within the stated time period may result in forfeiture of a winner’s right to claim his/her prize, and may result in the prize being awarded to an alternate winner, if time permits. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, the respective prize may be forfeited. If a prize is forfeited, the prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries received for the applicable Entry Period, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded. Upon verification of eligibility, all physical prizes will be mailed to the winners at the mailing addresses (P.O. Boxes not permitted) provided at the time of registration and digital prizes will be e-mailed to the e-mail address provided upon registration. Any portion of a prize not accepted by winner will be forfeited. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility. Prizes will only be awarded to verified winners.
Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. Prizes are non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the prize or force majeure, at Sponsor’s sole and absolute discretion. Program Entities shall not be held responsible for any delays in awarding the prize for any reason.
MISCELLANEOUS: This Program is governed by the laws of the United States and of the State of New York, without respect to conflict of law doctrines. Except as determined by Sponsor in its sole discretion, no substitution of any prize is offered and no transfer of prize to a third party is permitted. Each winner will be solely responsible for all applicable federal, state and local taxes on prizes. If applicable, winner will receive an IRS Form 1099 for the retail value of the prize. Sponsor reserves the right to substitute a prize of equal or greater value in the event the prize or any portion thereof becomes unavailable.
LIMITATION OF LIABILITY: By participating in this Program, entrants agree that the Program Entities, and each of its respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, undeliverable entries, Offer item or Program related notifications; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider, internet, website accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access; (vii) any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Program; or (viii) otherwise not in compliance with the Official Rules.
By participating in the Program, each entrant agrees: (i) to be bound by these Official Rules; (ii) to waive any rights to claim ambiguity with respect to these Official Rules ; (iii) to waive all of their rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Program; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Program, including, but not limited to, any Program-related activity or element thereof, and the Participant’s requests, participation or inability to participate in the Program or using the Prize or any Offer item; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize or any Offer item (or any component thereof); (d) any change in the Offer (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed Offer item (or any element thereof); or (h) the negligence or willful misconduct by a Participant.
If, for any reason, the Program 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, including but not limited to Acts of God, pandemics, epidemics, weather, fire, strike, acts of war or terrorism, government restriction, or any other condition beyond their control, which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, then Sponsor reserves the right, at their sole discretion, to cancel, terminate, modify or suspend the Program in whole or in part. In the event of any such cancellation, termination or suspension, a notice will be posted at the Website and a random drawing will be held from among all eligible, non-suspect entries or Proof of Qualifying Purchases received prior to such time. Sponsor reserves the right to correct errors in promotional materials.
DISPUTES: THIS PROGRAM IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN WESTCHESTER COUNTY, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN WESTCHESTER COUNTY, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR PROGRAM ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROGRAM PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
PRIVACY POLICY: Sponsor’s privacy policy is available at https://contact.pepsico.com/mtndew/privacy-policy.
PUBLICITY RIGHTS: By participating in this Program, each entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Program for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
GENERAL: This Program is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. In no event will Sponsor be obligated to award more prizes than the number of prizes or Offer items stated in these Official Rules. If for any reason whatsoever Sponsor determines in its sole discretion that the Program is no longer capable of running as intended by these Official Rules, Sponsor may at its sole discretion cancel, suspend or modify the Program in whole or in part. For example, if due to printing, production, mechanical or other error more prizes or Offer items than the number listed in these Official Rules are made available and/or claimed, then Sponsor may suspend Prize awards or Offer item redemption for such prize categories and award any remaining unclaimed prizes or Offer items (up to the total set forth in these Official Rules) in a random drawing from among all eligible claimants for such prizes or Offer Items as determined by Sponsor. Program valid for individual consumers only; requests from groups, clubs or organizations and fraudulent requests will not be honored. Offer items have no cash value. Any attempted form of participation in this Program other than as described herein is void and will result in disqualification. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Program, to be acting in violation of these Official Rules or to be acting with the intent to disrupt the normal operation of the Program. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROGRAM OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Each entrant may be required to show proof of eligibility and compliance with these Official Rules. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Program details contained in these Official Rules and the Program details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Program as set forth in these Official Rules shall prevail.
WINNERS LIST: For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Mtn Dew x Little Caesars x Call of Duty Gift With Purchase & Sweepstakes – Winners List Request (PL017905), P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received no later than March 1, 2023.Customer service inquires may be made at click here
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