NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA, GUAM AND PUERTO RICO, WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD, NINETEEN (19) IN ALABAMA AND NEBRASKA, AT THE TIME OF ENTRY.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Pepsi Press Play On Summer Promotion (“Promotion”) is sponsored by Pepsi-Cola Company (“Sponsor”), 700 Anderson Hill Road, Purchase, NY 10577 and is administered by Clarus Commerce LLC dba ebbo, (“Administrator”), Two Towne Square, Suite 200, Southfield, MI 48076.
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PROMOTION PERIOD:
The Promotion consists of an “Instant Win Game” and a “Sweepstakes”. The Promotion begins on May 22, 2023 at 12:00 PM (noon) Eastern Time (“ET”) and ends on September 17, 2023 at 11:59:59 PM ET (“Promotion Period”) and includes seventeen (17) entry periods (each an “Entry Period’) as outlined in the chart below:
Entry Period Start Date and Time End Date at 11:59:59 PM ET Sweepstakes Approximate Drawing Date 1 May 22, 2023 at 12:00 PM ET May 28, 2023 May 30, 2023 2 May 29, 2023 at 12:00 AM ET June 4, 2023 June 6, 2023 3 June 5, 2023 at 12:00 AM ET June 11, 2023 June 13, 2023 4 June 12, 2023 at 12:00 AM ET June 18, 2023 June 20, 2023 5 June 19, 2023 at 12:00 AM ET June 25, 2023 June 27, 2023 6 June 26, 2023 at 12:00 AM ET July 2, 2023 July 5, 2023 7 July 3, 2023 at 12:00 AM ET July 9, 2023 July 11, 2023 8 July 10, 2023 at 12:00 AM ET July 16, 2023 July 18, 2023 9 July 17, 2023 at 12:00 AM ET July 23, 2023 July 25, 2023 10 July 24, 2023 at 12:00 AM ET July 30, 2023 August 1, 2023 11 July 31, 2023 at 12:00 AM ET August 6, 2023 August 8, 2023 12 August 7, 2023 at 12:00 AM ET August 13, 2023 August 15, 2023 13 August 14, 2023 at 12:00 AM ET August 20, 2023 August 22, 2023 14 August 21, 2023 at 12:00 AM ET August 27, 2023 August 28, 2023 15 August 28, 2023 at 12:00 AM ET September 3, 2023 September 5, 2023 16 September 4, 2023 September 10, 2023 September 11, 2023 17 September 11, 2023 September 17, 2023 September 18, 2023 Non-winning entries will not carry forward into subsequent Entry Period drawings. The Administrator’s computer is the Promotion’s official clock.
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ELIGIBILITY:
This Promotion is offered only to legal residents of the fifty (50) United States, the District of Columbia, Guam, and Puerto Rico, who are at least eighteen (18) years old (nineteen [19] in Alabama and Nebraska) at the time of entry. Officers, directors and employees of Sponsor, Administrator, and any of their respective owners, parent companies, affiliates, directors, subsidiaries, franchisees, representatives, prize providers, advertising, promotion and production agencies, agents (all such individuals and entities collectively referred to herein as the “Promotion Entities”) and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Promotion. Void where prohibited or restricted by law. All federal, state, and local laws apply.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator.
For purposes of the Promotion, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address. If it is discovered or suspected that an entrant has registered or attempted to register for the Promotion using multiple e-mail addresses or multiple identities, all of that entrant’s Game Plays/entries (as defined below) associated with that household (determined by Sponsor and/or Administrator in its sole discretion) may be disqualified and any prize an entrant might have been entitled to win will not be awarded any may be revoked. Use of any automated system or any like methods to participate in the Promotion is prohibited and will result in disqualification of any entrant attempting such use.
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HOW TO PARTICIPATE IN THE INSTANT WIN GAME AND SWEEPSTAKES:
To participate in the Promotion an entrant may either make a purchase or mail-in to enter as outlined below:
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Make a Purchase:
During the Promotion Period, an eligible entrant may purchase qualifying specially marked bottles of Pepsi, Mountain Dew, or Starry products at participating retailer stores (“Qualifying Purchase”), while supplies last and locate the QR code (“QR Code”) on the Qualifying Purchase. See Appendix for list of participating products. Not all products available in all areas. Upon scanning the QR code, entrant will be directed to the Promotion website (“QR Code Website”). Once on the QR Code Website, entrant must enter his/her e-mail address and then follow the on-screen instructions to register by providing the information requested by Sponsor including, but not limited to, complete first and last name, street address (P.O. Boxes are not permitted), city, state, ZIP code, date of birth, and confirmation entrant has read and agrees to be bound by these Official Rules. After completing the registration form, an entrant will receive one (1) game play (“Game Play”). After a valid Game Play, the entrant will receive an on-screen notification indicating whether he/she is a potential Instant Win Game prize winner (“Notification”). Each entrant will automatically receive one (1) entry into the applicable Sweepstakes Entry Period after playing the Instant Win Game. Each entrant who receives a winning Notification will be deemed a potential Instant Win Game prize winner subject to verification of the entrant’s eligibility and compliance with these Official Rules, as determined by Sponsor in its sole discretion. An entrant is not a winner of any prize, even if the Notification should so indicate, unless and until entrant’s eligibility and the potential winning Game Play have been verified and entrant has been notified that verification is complete. Sponsor will not accept screenshots or other evidence of winning in lieu of its validation process. If your computer screen displays a non-winning prize message, you are not a winner of a prize. 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.
NOTE: To receive a link to the QR Code Website by scanning the QR Code 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 QR Code Website, and may follow the steps noted above to enter the Promotion. An entrant cannot participate solely by scanning the QR Code. QR Code is a registered trademark of DENSO WAVE INCORPORATED.
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Without a Purchase:
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Mail-in Request: To obtain a free link and enter without making a purchase from May 8, 2023 through September 2, 2023, an entrant may legibly hand write their full name (no initials), complete street address (no P.O. Box), age, and valid e-mail address on a 3½” x 5” properly stamped postcard and mail it (in an outer mailing envelope) with sufficient postage to: The Pepsi Press Play On Summer Promotion Link Request, P.O. Box 490, Southfield, MI 48037. Mail-in requests must be postmarked by September 2, 2023 and received by September 12, 2023. Administrator will send five (5) unique links (each a “Unique Link”) per Mail-In Request by e-mail to the e-mail address provided on the request. There is a limit of one (1) Mail-in Request per outer-mailing envelope per day during the Promotion Period. Multiple mail-in requests with the same postmark date will be deemed one (1) request. Mail-in requests will not be returned and no further correspondence will be entered into. Mail-in requests must be original and hand-written. No mechanical reproductions are allowed.
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Free Website: To enter without making a purchase from 12:00 AM ET on September 3, 2023 to 11:59:59 PM ET on September 17, 2023, an entrant may visit PressPlayOnSummer.com/nopurchase (“Free Website”) and follow the instructions outlined below.
During the Promotion Period, after an entrant has either obtained a Unique Link or visited the Free Website (when live) he/she must visit the respective website and enter his/her e-mail address. An entrant must then follow the on-screen instructions to register by providing the information requested by Sponsor including, but not limited to, complete first and last name, street address (P.O. Boxes are not permitted), city, state, ZIP code, date of birth, and confirmation entrant has read and agrees to be bound by these Official Rules. After completing the registration form, an entrant will receive one (1) game play (“Game Play”). After a valid Game Play, the entrant will receive an on-screen notification indicating whether he/she is a potential Instant Win Game prize winner (“Notification”). Each entrant will automatically receive one (1) entry into the applicable Sweepstakes Entry Period after playing the Instant Win Game. Each entrant who receives a winning Notification will be deemed a potential Instant Win Game prize winner subject to verification of the entrant’s eligibility and compliance with these Official Rules, as determined by Sponsor in its sole discretion. An entrant is not a winner of any prize, even if the Notification should so indicate, unless and until entrant’s eligibility and the potential winning Game Play have been verified and entrant has been notified that verification is complete. Sponsor will not accept screenshots or other evidence of winning in lieu of its validation process. If your computer screen displays a non-winning prize message, you are not a winner of a prize. 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.
LIMIT: Regardless of method of entry, an entrant may only receive five (5) Game Plays and five (5) Sweepstakes entries per day during the Promotion Period. A “day” is defined as starting at 12:00 AM ET and ending at 11:59:59 PM ET on each calendar day during the Promotion Period, except on May 22, 2023, when the day will start at 12:00 noon ET and end at 11:59:59 PM ET. In the event that a household enters the Promotion using more than five (5) unique e-mail addresses, all of the Game Plays associated with that household (determined by Sponsor or Administrator in their sole discretion) may be disqualified. If it is discovered or suspected, in Sponsor’s sole discretion, that an entrant plays or attempts to receive more than five (5) Game Play/entries per day, all of that entrant’s Game Plays, in Sponsor’s sole discretion, may be declared null and void and any prize(s) he/she might have been entitled to will not be awarded to him/her.
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SWEEPSTAKES RANDOM DRAWING:
On or about each drawing date indicated in the chart above in Section 1, Administrator will randomly select one (1) potential Sweepstakes winner from among all eligible entries received during the applicable Entry Period, for a total of seventeen (17) potential Sweepstakes Prize winners. All selected winners are potential winners, pending verification of eligibility and compliance with these Official Rules, as determined by Sponsor and Administrator, in their sole and absolute discretion.
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SWEEPSTAKES AND INSTANT WIN GAME PRIZES, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE (“ARV”):
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Instant Win Game Prizes (150,000):
The following Instant Win Game prizes are available during the Promotion Period (each an “Instant Win Game Prize”):
Prize Instant Win Game Prize Quantity ARV (each) A $5 Virtual Prepaid Mastercard 100,000 $5 A Tank Top 200 $15 A Cotton Canvas Tote Bag 23,000 $10 A Trucker Cap 19,100 $25 A Premium Bucket Hat 4,000 $35 A Woven Button Down Shirt 200 $55 A Printed Microfiber Towel 1,000 $35 A Mini Retro Penny Skateboard 250 $150 A Boogie Board 250 $85 A Pair of Beats Solo3 Wireless Headphones 700 $199.95 A Pair of Beats Studio3 Wireless Headphones 1,300 $349.95 -
Sweepstakes Prizes (17 total; 1 per Entry Period):
Each Sweepstakes prize is a trip for winner and one (1) guest (age eighteen [18]) or older to an Apple Music live event (date and details determined by Sponsor in its sole discretion) at a location within the fifty (50) United States or District of Columbia determined by Sponsor in its sole discretion (each a “Sweepstakes Prizes”). Each Sweepstakes Prize includes round-trip coach class air transportation from a major commercial airport near winner’s residence to a location within the fifty (50) United States or District of Columbia determined by Sponsor in its sole discretion for winner and one (1) adult guest, two (2) nights hotel standard accommodations (single room/double occupancy), two (2) tickets to an Apple Music live event (details determined by Sponsor in its sole discretion), $300 spending money (for winner only) and ground transportation to and from airport and hotel and to and from the hotel and event. Winner’s guest must be eighteen (18) years of age or older. If the winner elects to travel or partake in the Sweepstakes Prize without a guest, no additional compensation will be awarded to the winner. Trip must be taken on dates specified by Sponsor. Dates of travel determined by Sponsor in its sole discretion. The actual value of the trip may vary depending on point of departure and fluctuations in the cost of air transportation. Any difference between the estimated ARV and the actual value of the Sweepstakes Prize will not be awarded. Winner and guest must travel on the same itinerary, on dates determined by Sponsor in its sole discretion. If winner resides within a 100-mile radius of destination, ground transportation may be provided in lieu of air transportation, at sponsor’s sole discretion and no compensation will be provided for any difference in prize value. There will be seventeen (17) total Sweepstakes Prizes, one (1) per Entry Period. The ARV of each Sweepstakes Prize is $3,600.
Travel dates and accommodations are subject to availability and change; blackout dates and other restrictions may apply. All travel dates and accommodations are subject to availability and change. Winner must accept prize at stated by Sponsor. Winner and guest are responsible for having valid travel documents including government identification and/or passports. Winner is responsible for all travel expenses not included herein, including airline baggage fees, gratuities, meals, and any other incidental costs or expenses related to participation in this prize. Guest of winner must sign and return a travel liability release before travel will be booked. Winner and his or her guest hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the trip. Winner will be required to provide a major credit card upon hotel check-in, and all in-room charges will be charged to the credit card. Any damage to the room will be the responsibility of the winner. Sponsor bears no responsibility if any event, element or detail of a prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Sweepstakes Prize become unavailable, the Sponsor shall have no obligation to the winner aside from providing the remaining portion of the prize, minus any unavailable event, element or detail. Sponsor is not responsible if event is delayed, postponed, or canceled for any reason. Winner will not receive compensation from Sponsor for tickets that the winner is unable to use due to cancellation of the event, but tickets may be subject to standard rain-check policies and procedures set by the issuer. Winner agrees that event admission is awarded pursuant to a revocable, nontransferable license that is personal to that applicable winner, and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Sponsor reserves the right to remove or to deny entry to Winner and/or his/her guest if either winner or his/her guest(s) violates the previous restrictions or engages in a disruptive manner, or with intent to abuse, threaten or harass any other person at the event.
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Total ARV:
The total ARV of all available prizes in the Promotion is $2,111,350.
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Odds of Winning/Limit:
The odds of winning a Sweepstakes Prize depend on the total number of eligible Sweepstakes entries received during the applicable Entry Period. The odds of winning an Instant Win Game Prize depend on when the entrant completes a Game Play. Instant Prizes will be made available at random times throughout the Promotion Period. To be a potential winner of an Instant Win Game Prize, an entrant’s Game Play must have occurred either at the exact randomly predetermined winning time as determined by Sponsor and/or Administrator. If a Game Play does not occur at the exact randomly predetermined winning time, then the next entrant’s Game Play to occur after that time will be deemed a potential Instant Winner. The number of Instant Win Game Prizes available to be won will decrease during the Promotion Period as prizes are awarded and claimed. There is a limit of one (1) Sweepstakes Prize per person during the Promotion Period and a limit of one (1) Instant Win Game Prize per person per day up to ten (10) total Instant Win Game Prizes during the Promotion Period.
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Prize Details and Restrictions:
Details of prizes determined by Sponsor in its sole discretion. Sizes of Instant Win clothing prize items determined by Sponsor in its sole discretion. Sizes available on a first come, first served basis. Prizes are non-assignable, 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 a prize or force majeure, at Sponsor’s sole and absolute discretion. Promotion Entities shall not be held responsible for any delays in awarding a prize for any reason. Details of prizes determined by Sponsor in its sole discretion.
Prepaid Mastercard: Card is issued by Pathward, N.A., Member FDIC, pursuant to a license from Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. No cash access or recurring payments. Can be used everywhere Mastercard debit cards are accepted. Card valid for up to 6 months; unused funds will forfeit after the valid thru date. Card terms and conditions apply.
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General:
In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the potential winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended number of prizes will be awarded in a random drawing from among all verified Prize claims received for that prize. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners in a manner it deems fair and reasonable including the selection of winners from among eligible Game Plays received prior to such cancellation, termination, modification or suspension.
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HOW TO CLAIM A PRIZE:
For Sweepstakes Prize Winners: After each random drawing, a Sponsor designated agent will notify the potential Sweepstakes Prize winners via e-mail at the e-mail address provided at the time of registration. Before being declared the winner of a Sweepstakes Prize, the potential Sweepstakes Prize winners will be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment (“Affidavit”) and an IRS Form W-9 (including social security number). The potential Sweepstakes Prize winners must return a fully executed and notarized Affidavit and W-9 form to the Sponsor or its authorized designee within five (5) calendar days from the date it is postmarked as being sent to the potential winner or the prize may (in Sponsor’s sole discretion) be forfeited. Each Sweepstakes Prize winner will be contacted for Sweepstakes Prize fulfillment.
For Instant-Win Prize Winners: In addition to the winning message displayed on screen at the time of the entrant’s Game Play, each potential Instant Win Game Prize winner will receive an email to the email address provided at registration. Emails will be sent to Instant Win Prize Winners within approximately seventy-two (72) hours of on-screen winning Notification. Instant Win Game Prizes will be mailed to verified winners at the street address provided at the time of registration within approximately 6 to 8 weeks from the end of the Promotion.
For Instant-Win Prize Winners: In addition to the winning message displayed on screen at the time of the entrant’s Game Play, each potential Instant Win Game Prize winner will receive an email to the email address provided at registration. Emails will be sent to Instant Win Prize Winners within approximately seventy-two (72) hours of on-screen winning Notification. Instant Win Game Prizes will be mailed to verified winners at the street address provided at the time of registration within approximately 6 to 8 weeks from the end of the Promotion.
For All Winners: All potential prize winners may be requested to provide additional documentation for verification purposes. If a potential Sweepstakes Prize winner or a potential Instant Game Prize winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or in the event that the potential winner fails to any requested documentation or an executed and notarized Affidavit and W-9 within the five (5) calendar day deadline (if applicable), 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 (or non-winning Game Plays), 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. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any prize won. Sponsor will issue an IRS Form 1099-MISC to each winner whose prize is valued at $600 or more. For Puerto Rico residents: Pursuant to Section 1063.01(a) of the Puerto Rico Internal Revenue Code of 2011, as amended, any person or entity engaged in industry or business in Puerto Rico that awards prizes, gifts, or giveaways, must complete and file Form 480.6A –“Declaración Informativa - Otros Ingresos No Sujetos a Retención” ("Form 480.6A") when the value of the gift, prize or giveaway is equal to or greater than five hundred dollars ($500) during the calendar year.
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 Promotion 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. The right to receive a prize is non-assignable, 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 a prize or force majeure, at Sponsor’s sole and absolute discretion. Promotion Entities shall not be held responsible for any delays in awarding the prize for any reason.
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LIMITATION OF LIABILITY:
By participating in this Promotion entrants agree that the Promotion Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/QR Code Website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website or QR Code Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website/QR Code Website or any Promotion-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting or using a prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners in a manner it deems fair and reasonable including the selection of the winners from among eligible Game Plays/Sweepstakes entries and bonus Sweepstakes entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received.
By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; 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 outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant’s Game Plays/Sweepstakes entries, participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, attendance at, receipt, travel related to, participation in, 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 a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Game Play/Sweepstakes entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website/QR Code Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Promotion, the Website/QR Code Website or any other Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Promotion, including the Website/QR Code Website and prize components, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
- DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CONNECTICUT, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE HARTFORD COUNTY, CONNECTICUT. 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 JAMS 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 CONNECTICUT. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN HARTFORD COUNTY, CONNECTICUT. 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 ENTRANT AND/OR PROMOTION 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 PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
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PRIVACY:
Sponsor’s privacy policy is available at http://policy.pepsi.com/privacy.htm.
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PUBLICITY RIGHTS:
: By participating in the Promotion and/or accepting a prize, each entrant agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
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GENERAL:
Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that an entrant has registered or attempted to register more than once using multiple e-mail addresses, accounts, multiple identities, proxy servers or like methods, all of that entrant’s Game Plays/Sweepstakes entries will be declared null and void, and that entrant will be ineligible to win a prize. Also, if it is discovered that any entrant attempts to receive additional Game Plays/Sweepstakes entries in excess of the stated limitation, that entrant may, in Sponsor’s sole discretion, be disqualified from the Promotion. In the event of a dispute as to the identity of a winner, the winning Game Play/Sweepstakes entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such Game Play/Sweepstakes entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion will void any attempted participation affected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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. 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 or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. 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. All Game Plays/Sweepstakes entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion 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 Promotion as set forth in these Official Rules shall prevail.
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WINNERS LIST:
For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, - The Pepsi Press Play On Summer Promotion, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received no later than November 17, 2023.
Customer services inquiries can be made at Contact Us or at pepsisupport@mripromohelp.zendesk.com or contactopepsi@mripromohelp.zendesk.com (Spanish)
© 2023 Pepsi-Cola Company All rights reserved.
All PEPSI and MTN DEW trademarks are owned by PepsiCo, Inc. All STARRY trademarks are owned by Portfolio Concentrate Solutions UC.
SEE NEXT PAGE FOR APPENDIX
APPENDIX
Participating Products
Pepsi SKUs: Pepsi, Diet Pepsi, Pepsi Zero Sugar, Pepsi Wild Cherry, Pepsi Wild Cherry Zero Sugar, Pepsi Mango, Pepsi Mango Zero Sugar
DEW SKUs: MTN DEW, Diet MTN DEW, MTN DEW Zero Sugar, MTN DEW Code Red, MTN DEW Major Melon, MTN DEW Major Melon Zero Sugar, MTN DEW Voltage, MTN DEW Spark, MTN DEW Spark Zero Sugar
Starry SKUs: Starry, Starry Zero Sugar
US
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PUERTO RICO
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