Pepsi-Cola – Nitro Pepsi Round 2 – Win one 12-pack of Nitro Pepsi

NITRO PEPSI® SWEEPSTAKES
ROUND 2
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 UNITED STATES OF AMERICA 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 Nitro Pepsi Sweepstakes Round 2 (the “Sweepstakes”)
begins at approximately 12:00:00 PM ET on November 30, 2022 and ends at 11:59:59 PM ET on
December 4, 2022 (the “Sweepstakes Entry Period”). At approximately 12:00:00 PM ET on
November 30, 2022, the beginning of the Sweepstakes Entry Period, Sponsor will post a call to
action from the @Pepsi Twitter, @Pepsi Instagram, and the @Pepsi TikTok handles directing
users to visit https://nitro.prod.fooji.com/ (the “CTA Post”). As soon as the CTA Post is issued,
eligible entrants may participate in the Sweepstakes as provided herein.
2) Eligibility: To be eligible to receive a Prize, entrants must, at the time of entry, meet all of the
following requirements: (i) be legal residents of United States (“Territory”) excluding Florida and
New York; 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)”). If you are not already a registered
user of Twitter, Instagram, or TikTok, it is free to join. Employees, officers, directors and agents
of Pepsi-Cola Company (“Sponsor”), Fooji, Inc. (“Fooji,” “Fulfillment Partner,” or “Administrator”),
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.
3) Sponsor: The Sponsor of the Sweepstakes is Pepsi-Cola Company located at 700 Anderson
Hill Road, Purchase, NY 10577. Administrator: 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:
I. After the CTA Post is made on Twitter, during the Sweepstakes Entry Period, to
participate, click the link to https://nitro.prod.fooji.com/ posted by @Pepsi 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 to receive one (1) entry into the Sweepstakes.
II. After the CTA Post is made on TikTok, during the Sweepstakes Entry Period, to
participate, click the link to https://nitro.prod.fooji.com/ posted by @Pepsi 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 to receive one (1) entry into the Sweepstakes.
III. After the CTA Post is made on Instagram, during the Sweepstakes Entry Period, to
participate, click the link to https://nitro.prod.fooji.com/ posted by @Pepsi 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 to receive one (1) entry into the Sweepstakes.
Limit one (1) entry per person/email address. A maximum of one (1) Prize may be awarded per
person, per Twitter account, per Instagram account, per TikTok account, 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.
This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with
Twitter, Inc., Meta Platforms, Inc., or TikTok.
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 three thousand, one hundred and forty-three (3,143) prizes available to be
awarded in the Sweepstakes. Verified prize winners will each receive one (1) 12-pack of Nitro
Pepsi. 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. Prize is nontransferable and may not be
substituted or redeemed for cash by prize winner. 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. Actual retail value of the Prize(s) may vary, including variations based on the
Participants’ location. Approximate retail value of each Prize is $21.00. Total ARV of all Prizes
available in this Sweepstakes: $66,003.00.
6) Winner Selection: Odds of winning a Prize in this Sweepstakes depend on the number of
Participants. 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 entry during the
Sweepstakes Entry period. On or about December 5, 2022, Administrator will select three
thousand, one hundred and forty-three (3,143) random eligible and verified Participants who
submitted the required online form during the Sweepstakes Entry Period in a random drawing as
potential Prize winners. 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 Twitter/Instagram/TikTok account, 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. AS SET FORTH ABOVE, YOU MUST RESIDE IN
A LOCATION SERVICED BY FULFILLMENT PARTNER IN ORDER TO BE ELIGIBLE TO
PARTICIPATE IN THIS SWEEPSTAKES AND WIN A PRIZE. Prize(s) will be awarded and
delivered only to addresses within the United States that are serviced by Fulfillment Partner.
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 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 Twitter/Instagram/TikTok platforms 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 Twitter/Instagram/TikTok platforms 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 to be suspended, Administrator shall select a winner(s) by random drawing from
all valid entries received 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, 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 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 THE 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.”
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 http://policy.pepsi.com/privacy.htm.
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 these 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 New York, without giving effect to any choice of law or
conflict of law rules (whether of the State of New York or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the State of New York.
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 to hello@fooji.com or mail your request
together with a self-addressed stamped envelope to Nitro Pepsi Sweepstakes Winner’s List to
Administrator at the address noted in Section 3 above.
13) Questions? If you have any questions, you may contact us at help@fooji.com.