Pepsi – Kum & Go Mtn Dew Major Melon Instant Win Game Sweepstakes

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2021 “KUM & GO MTN DEW MAJOR MELON INSTANT WIN GAME”
(“PROMOTION”)
OFFICIAL RULES
NO PURCHASE NECESSARY TO PLAY OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. INTERNET REQUIRED. MESSAGE
AND/OR DATA RATES MAY APPLY IF USING A MOBILE DEVICE.
ONLY OPEN TO LEGAL RESIDENTS OF THE U.S. WHO, AT THE TIME OF
ENTRY AND PRIZE AWARDING, ARE 18 YEARS (19 in NE) OF AGE OR OLDER
AND RESIDING ARKANSAS, COLORADO, IOWA, MINNESOTA, MISSOURI,
NEBRASKA, NORTH DAKOTA, OKLAHOMA, SOUTH DAKOTA or WYOMING.
1. PROMOTION PERIOD: The Promotion begins at 9:00:00 a.m. Central Time (“CT”)
on October 15, 2021 and ends at 11:59:59 p.m. CT on November 15, 2021 (“Promotion
Period”).
2. HOW TO PARTICIPATE: During the Promotion Period, you can play online by
clicking the link found on the Mtn Dew Major Melon Facebook, Instagram or Twitter
pages at Kum & Go on Facebook, kumandgo on Instagram or @kumandgo on Twitter
or for free by directly visiting www.kumandplaymajormelon.com (“Website”) and
following the on-screen registration instructions. Once you have provided the required
information click “ENTER” (deemed a “Game Play”) and see if you are a potential
instant winner. All Game Plays must be submitted during by 11:59:59 p.m. CT on
November 15, 2021. Results of Game Plays are randomly determined based on time
and order of clicking the ENTER button and are not based on actual game playing or
skill.
Limit one (1) Game Play per person, per email address, and per household per day
during the Promotion Period, regardless of method of participation. A “day” is defined as
a twenty-four (24) hour time period beginning at 12:00:00 a.m. CT and ending at
11:59:59 p.m. CT; except for the first day of the Promotion Period which will be from
9:00:00 a.m. CT and ending at 11:59:59 p.m. CT. The time clock of the Promotion
Administrator is the official clock for this Promotion.
By registering for the Promotion and submitting a Game Play, entrants fully and
unconditionally agree to be bound by these Official Rules and the decisions of Sponsor
and its appointed agents, which will be final and binding in all matters relating to the
Promotion. In the event of dispute over the identity of a potential winner, a Game Play
will be declared made by the authorized account holder of such email address or
wireless phone number submitted at the time of Game Play, and potential winner may
be required to provide identification sufficient to show that they are the authorized
account holder of such email address or wireless phone number.
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Each Game Play must be manually keystroked and manually entered by the individual
participant; automated and/or repetitive electronic Game Plays (including but not limited
to Game Plays made using any script, macro, bot or promotion service) will be
disqualified and transmissions from these or related email/IP addresses or wireless
phone number may be blocked.
3. ELIGIBILITY: Open only to individuals who are legal residents of the United States,
residing in Arkansas, Colorado, Iowa, Minnesota, Missouri, Nebraska, North Dakota,
Oklahoma, South Dakota or Wyoming. who are 18 (19 in NE) years of age or older at
the time of registration. Employees of Pepsi-Cola Company (“Sponsor”), Pepsi
Beverages Company, Pepsi Cola Bottling Co., PepsiCo, Inc., Kum & Go, and all of their
respective parent/affiliated companies, divisions, bottlers, distributors, suppliers, and
advertising/promotional/judging agencies associated with this Sweepstakes
(collectively, “Sponsor and Promotion Parties”) and each of their immediate family
members (defined as parents, spouses, siblings and children; whether biological,
adopted, step or in-law) and persons living within the same household as such
employees (whether related or not) are not eligible to participate or win a prize. Void
where prohibited.
4. INSTANT WIN PRIZES:
The following prizes (each a “Prize”) are available to be awarded in the Instant Win
portion of the Promotion.
Prize Description # Available Approximate Retail Value of
each Prize (“ARV”)
Mtn Dew Major Melon Socks 300 $9.25
Mtn Dew Major Melon Beanie 300 $9.25
Kum & Go Swag Bag 200 $20
Total ARV of all Prizes: $9,550
5. WINNER SELECTION, VERIFICATION AND ODDS: Eight hundred (800) prizes are
available to be won. Prizes are redeemable only by clicking and following the directions
via the valid link provided at the time of Instant Prize Notification in order for Sponsor or
its representative to verify potential winner’s eligibility and confirm them as a winner. In
the event that the potential winner does not click on the valid link within 10
minutes to claim their prize, their prize will be forfeited, and no compensation will
be given.
FAILURE TO CLAIM THE PRIZE AND IMMEDIATELY COMPLETE THE WINNER
VALIDATION FORM WILL RESULT IN PRIZE FORFEITURE OF THAT INSTANT WIN
PRIZE AND THAT PARTICIPANT WILL BE INELIGIBLE TO WIN ANOTHER
INSTANT WIN PRIZE IN THE SWEEPSTAKES. Limit one (1) Prize per person,
household, street address, and/or email address during the entire Promotion Period.
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Sponsor is not responsible for suspended or discontinued service or a change in the
entrant’s telephone number, email address or mailing/shipping address that may result
in a potential winner not receiving notifications. In the event (i) a notification or a Prize is
returned as undeliverable; (ii) the potential winner fails to respond to a notification as
directed; or (iii) a potential winner is determined to be ineligible or not in compliance with
these Official Rules, that potential winner may be disqualified and the Prize will be
forfeited, in Sponsor’s sole discretion. Allow approximately 4 to 6) weeks for delivery of
the prize following the winner verification. Prizes will only be delivered to addresses
within Arkansas, Colorado, Iowa, Minnesota, Missouri, Nebraska, North Dakota,
Oklahoma, South Dakota and Wyoming.
Odds of winning Instant Win Prizes: Instant Win Prizes will be awarded at randomly
generated times during the Promotion Period based on a computer-generated formula.
Odds of winning any prize depend on the time of entry, number and timing of other valid
Game Plays and number of prizes remaining in the Promotion at the time of Game Play.
7. GENERAL: This Promotion 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 Prize is offered, no transfer of Prize to a
third party is permitted, and non-cash Prizes may not be redeemed for cash value. Prize
winners will be solely responsible for all applicable federal, state and local taxes on
Prizes. Sponsor reserves the right to substitute a prize of equal or greater value in the
event a Prize or any portion of a Prize becomes unavailable. Any portion of a Prize not
accepted by winner will be forfeited. Any difference between stated ARV of Prize and
actual value of Prize will not be awarded.
In all instances, if a potential winner’s prize or notification is returned as undeliverable,
or if potential winner is determined to be in noncompliance with these Official Rules or is
otherwise determined to be ineligible, that potential winner will be disqualified and will
forfeit their claim to a prize.
8. CONDUCT: By entering this Promotion, entrants agree to be bound by these Official
Rules and the decisions of the Sponsor which shall be final and binding in all respects.
The Official Rules will be posted at www.kumandplaymajormelon.com throughout the
Promotion Period. Any information collected shall be in accordance with the Mtn Dew
Privacy Policy available at https://policy.mountaindew.com/privacy.htm. Failure to
comply with these Official Rules may result in disqualification. Sponsor reserves the
right at its sole discretion to disqualify any individual found to be tampering with the
entry process or the operation of the Promotion or any website; or to be acting in any
manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any
manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to
annoy, abuse, threaten or harass any other person.
9. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties, along with each of their
parent, subsidiary and affiliated companies, and all of their employees, officers, directors,
agents, contractors, prize suppliers, promotion/advertising/fulfillment agencies
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associated with this Sweepstakes (collectively the “Released Parties”), assume no
responsibility or liability for (a) any incorrect or inaccurate entry information, or for any
faulty, incomplete or failed electronic data transmissions; (b) any unauthorized access to,
or theft, destruction or alteration of entries at any point in the operation of this Promotion;
(c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay
in operation or communications line failure, regardless of cause, with regard to any
equipment, systems, networks, lines, satellites, servers, computers or providers utilized
in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the
Internet or the Website or cellular phone service or any combination thereof; (e) any injury
or damage to participants or to any other person’s computer or mobile device which may
be related to or resulting from any attempt to participate in the Promotion or download of
any materials in the Promotion, whether caused by Sponsor, users or by any of the
equipment or programming associated with or utilized in the Promotion or by any technical
or human error which may occur in the processing of submissions which may limit a
participant’s ability to participate in the Promotion. If, for any reason, the Promotion 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 which may corrupt or affect the administration, security, fairness, integrity
or proper conduct of this Promotion, then Sponsor reserves the right, in its sole discretion,
to cancel, terminate, modify or suspend the Promotion Period in whole or in part. In such
event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor
reserves the right to award any remaining prizes (up to the total set forth in these Official
Rules) in a manner deemed random 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 Game Plays received up to the time of the impairment, and Sponsor shall not
have any further liability to any participant in connection with the Promotion.
10. WINNER RELEASES: All entrants, as a condition of participating in the Promotion,
agree to release Sponsor and Promotion Parties, and all other Released Parties, from
and against any and all liability, claims or actions of any kind whatsoever for injuries,
damages, or losses to persons or property which may be sustained in connection with
submitting an entry or Game Play, or otherwise participating in any aspect of the
Promotion, or of the receipt, ownership or misuse of any Prize awarded, or while
preparing for, participating in or traveling to or from any prize-related activity or any
typographical or other error in these Official Rules or the announcement of offering of
any Prize. The winners shall bear all risk of loss or damage to their Prize after it has
been delivered. Except where prohibited by law, each winner grants to Sponsor the right
to print, publish, broadcast and use worldwide in any media now known or hereinafter
known (including without limitation use online at the Website) such winner’s name,
address, voice, statement, picture or other likeness, without additional compensation,
for public relations, advertising and promotional purposes as may be determined by
Sponsor.
11. ADDITIONAL TERMS: Sponsor reserves the right to alter, suspend, or terminate
the Promotion at any time and with or without notice if, in Sponsor’s sole discretion, the
integrity of the Promotion becomes or is likely to become compromised in any way.
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Prizes will only be delivered to street addresses located within Arkansas, Colorado,
Iowa, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota or
Wyoming. If for any reason the Promotion is not capable of running as planned,
including due to infection by computer virus, bugs, tampering, unauthorized intervention,
automated plays, fraud, technical failure, human error, or any other cause beyond the
control of Sponsor that corrupts or affects the administration, security, fairness, integrity,
or proper conduct of the Promotion, Sponsor reserves the right, in its sole discretion, to
disqualify any individual who tampers with the Game Play process and to cancel,
terminate, modify, or suspend the Promotion, and Sponsor and the other Released
Parties assume no responsibility for any error, omission, interruption, telephone or other
communications malfunctions, deletion, defect, delay in operation or transmission,
communications line failure, or theft or destruction of, unauthorized access to, or
alteration of entries. Sponsor and other Released Parties are not responsible for any
problems or technical malfunctions of any telephone networks or lines, computer online
systems, servers, or providers, computer equipment, software, failure of any email or
Game Play to be received by Sponsor or its agents/representatives on account of
technical problems or traffic congestion on the Internet or at any website, any
combination thereof, or otherwise, including any injury or damage to participant’s or any
other person’s mobile device or computer related to, or resulting from, participation or
downloading of any materials in the Promotion.
In no event will Sponsor be obligated to award more prizes than the number of prizes
stated in these Official Rules. If for any reason whatsoever Sponsor determines in its
sole discretion that the Promotion is no longer capable of running as intended by these
Official Rules, Sponsor may at its sole discretion cancel, suspend or modify the
Promotion in whole or in part. For example, if due to production, mechanical or other
error more prizes than the number listed in these Official Rules are made available
and/or claimed, then Sponsor may suspend prize awards for such prize category and
award any remaining unclaimed prizes (up to the total set forth in these Official Rules) in
a random drawing from among all eligible prize claimants for such prizes as determined
by Sponsor.
Antifraud detection devices may be used for verification purposes. In the event there is
a discrepancy or inconsistency between disclosures or other statements contained in
any Promotion materials and the terms and conditions of the Official Rules, the Official
Rules shall prevail, govern and control.
Sponsor will not accept screen shots or other evidence of winning in lieu of its validation
process. Any Game Play that occurs after the system has failed for any reason is
deemed a defective play, is void and will not be honored.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver
of that provision. Headings are solely for convenience and will not be deemed to affect
in any manner the meaning or intent of the documents or any provision hereof.
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Caution: Any attempt to deliberately damage any website associated with the
Promotion or undermine the legitimate operation of the Promotion may be a
violation of criminal and civil laws, and should such an attempt be made, Sponsor
reserves the right to seek damages from any person responsible for the attempt
to the fullest extent permitted by law.
As a condition of entering this Promotion, each entrant agrees that any and all disputes,
claims, controversies or causes of action arising out of or relating to this Promotion, or
any prizes awarded (each, a “Claim”), shall not be consolidated or joined with or in any
other proceeding involving a Claim of any other party.
IN NO EVENT WILL THE SPONSOR or PROMOTION PARTIES BE RESPONSIBLE
OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING
OUT OF ENTRANT’S ACCESS TO, AND USE OF, THE WEBSITE AND/OR THIS
PROMOTION, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING
MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE
PROMOTION.
12. WINNERS’ LIST: For the names of the Prize winners, send a self-addressed,
stamped envelope, postmarked by 11/20/2021 to Kum & Go Mtn Dew Major Melon
Instant Win Winners List c/o PSG, PO Box 941459, Maitland, FL 32794-1459.
13. SPONSOR: Pepsi-Cola Company, 555 West Monroe Street, 16th Floor, Chicago IL
60661.
14. PROMOTION ADMINISTRATOR: Tracy Locke, 7850 N Belt Line Rd, Irving, TX
75063