BETTER WITH PEPSI® – WESTERN NY SWEEPSTAKES (“SWEEPSTAKES”) OFFICIAL RULES
NO PURCHASE NECESSARY TO PARTICIPATE. INTERNET ACCESS REQUIRED. DATA RATES MAY APPLY IF PARTICIPATING VIA A MOBILE DEVICE. VOID WHERE PROHIBITED.
1. SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:00 a.m. eastern time (“ET”) on August 11, 2021 and ends at 11:59 p.m. ET on September 6, 2021 (the “Sweepstakes Period”).
2. ELIGIBILITY: This Sweepstakes is open to legal U.S. residents who are at least eighteen
(18) years old at the time of entry and are residents of New York. Employees of Sponsor, each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Promotion Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply.
3. HOW TO ENTER: There are two (2) ways to enter:
A) SOCIAL MEDIA: 1) To enter the Sweepstakes via a social media platform, you must be a registered member of Facebook, Instagram or Twitter (“Social Media”), with a public profile. Becoming a member of Facebook, Instagram or Twitter and entry into the Sweepstakes are free. If you are not a registered account holder, please visit Facebook.com, Instagram.com or Twitter.com to register for an account. Registration for and use of these platforms are subject to their respective terms and conditions and Sponsor has no responsibility with respect to such registration or use or enforcement of such terms and conditions. 2) During the Sweepstakes Period, capture a photo of your favorite food and Pepsi brand products paired together and post it on your Facebook, Instagram or Twitter feed, using the hashtag #BetterWithPepsiNYSweeptakes in the caption (“Submission”). Submissions without the hashtag will not qualify. Each Submission is one (1) entry into the Sweepstakes. A single Submission cannot be used more than one (1) time throughout the Sweepstakes Period.
The person registering for the Sweepstakes and uploading the Submission will be deemed the Entrant (“Entrant”). By entering, each Entrant warrants and represents the following with respect to Submission: (a) entrant is the sole and exclusive owner of the photo and has obtained the necessary rights and consents; and (b) the photo will not infringe on any rights of any third parties. Use of the hashtag # BetterWithPepsiNYSweeptakes constitutes your unconditional acceptance to these Official Rules. Instagram Story submissions will not be eligible.
Proof of delivery of a Submission does not constitute proof of receipt of an entry into the Sweepstakes. All entries become the property of Sponsor and will not be returned.
● An Entrant’s account must be set to “public” for their entry to qualify.
● All entries must be received within the Sweepstakes Period to be eligible for the drawings.
● Submission must remain on Entrant’s Facebook, Instagram or Twitter account throughout the Sweepstakes Period. If a Submission is deleted during the Sweepstakes Period, Entrant may lose their entry.
● Each Submission may not have won a previous promotion or an award; it must not infringe any third party’s intellectual property or other rights; it must be suitable for display and publication (i.e., may not be obscene or indecent, including but not limited to nudity or profanity); it must not contain obscene or pornographic material; it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); it must not include threats to any person, place, business, group or world peace; it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or standards.
● Each Submission must not contain any copyrighted works. Sponsors may, in their sole discretion, remove, delete and/or forfeit any Submission they deem inappropriate, indecent or obscene, and unsuitable for publishing or otherwise non-compliant. Submissions that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified. Sponsor makes the final determination as to which entries are eligible to take part in this Sweepstakes.
● The name of the person submitting a Social Media entry into the Sweepstakes must be the name of the authorized account holder of the Social Media account used to enter, otherwise, the Submission may be deemed void. In the event of a dispute over the identity of a potential winner, entries will be declared made by the authorized account holder of the social media account used for the Submission, and the potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder. Any potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address or wireless phone number. It is solely the responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail, wireless phone number or postal address during the Sweepstakes Period. Proof of emailing/texting does not constitute proof of delivery or entry. All entries become the property of Sponsor and will not be acknowledged or returned. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email/IP addresses or wireless phone number may be blocked.
B) INTERNET: Go to pepsipromos.com/BetterWithPepsiNY (the “Website”) and follow the on-screen instructions to properly complete and submit an online entry.
Limit one (1) entry per person, Social Media account or email address per day, regardless of entry method.
GRAND PRIZE: One (1) Grand Prize will be awarded consisting of a Traeger Pro Series 22 Pellet Grill Bronze. Approximate Retail Value (“ARV”): $599.99.
FIRST PRIZE: Twenty-five (25) First Prizes will be awarded, each consisting of a Grill Master Apron Kit, a Cuisinart Seasoning Gift Set and a Cuisinart Sauce Gift Set. ARV: $70.56
SECOND PRIZE: Eight (8) Second Prizes will be awarded, each consisting of a Burger Boss Gift Set with Cuisinart Spatula. ARV: $69.37.
THIRD PRIZE: Twelve (12) Third Prizes will be awarded, each consisting of a Grill & Chill BBQ Gift Set. ARV: $51.08.
FOURTH PRIZE: One (1) Fourth Prize will be awarded, consisting of one (1) 36-Piece Backyard BBQ Tool Set. ARV: $47.50.
Limit one Prize per person/ household.
5. SWEEPSTAKES DRAWING/ODDS: Potential winners will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period. Drawing will be held on or about 9/7/21. Odds of winning a Prize depend upon the total number of eligible entries received. Drawing will be conducted by an independent judging organization whose decisions are final and binding.
6. WINNER NOTIFICATION: Potential winners will be contacted within two (2) days of the drawing via Direct Message if entered via Social Media or via the phone number or email address that was submitted with their entry, if entered via Internet. All potential winners will be required to respond within seventy-two (72) hours or the prize may be forfeited and may be awarded to an alternate winner. Sponsor is not responsible for suspended or discontinued wireless service that may result in a potential winner not receiving initial prize notification. Once potential winner notification is confirmed by Sponsor, the potential prize winner may be sent an Affidavit of Eligibility and Liability/Publicity Release and W-9 to be signed and returned within the number of days indicated on the Affidavit. In the event (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) a telephone, email or direct message notification is not confirmed to Sponsor within seventy-two (72) hours; (iii) any required documents are not returned within the required number of days; or (iv) if winner is otherwise unable accept the prize as stated, prize will be forfeited and may be awarded to an alternate winner. Allow 4-6 weeks for delivery of prize following completion of notification process. Prizes will only be delivered to addresses within New York. Sponsor and Promotion Parties are not responsible for any change in entrant’s mailing address, email address and/or telephone number.
7. GENERAL: This Sweepstakes 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. Prize winners may 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 a prize or any portion of a Prize becomes unavailable. Any difference between stated ARV of Prize and actual value of Prize will not be awarded.
9. LIMITATIONS OF LIABILITY: Sponsor and Promotion 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 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 or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or the Website or cellular phone service or any combination thereof; (e) any injury to participant 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 Sweepstakes, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes 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 Sweepstakes. If, for any reason, the Sweepstakes 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 Sweepstakes, then Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes 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 entries received up to the time of the impairment, and Sponsor shall not have any further liability to any participant in connection with the Sweepstakes. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Sweepstakes Period for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor is not liable in the event that any portion of the Sweepstakes is canceled due to weather, fire, strike, acts of war or terrorism, pandemic, epidemic or any other conditions beyond their control (a “Force Majeure Event”).
10. WINNER RELEASES: All entrants, as a condition of participating in the Sweepstakes, agree to release Sponsor and Promotion 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 otherwise participating in any aspect of the Sweepstakes, 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. Sponsor and Promotion Parties (a) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof) except for any manufacturer’s warranty that may be included with the prize, and
(b) disclaim any implied warranty. 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: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. 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 Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
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.
Caution: Any attempt to deliberately damage any website associated with the Sweepstakes or undermine the legitimate operation of the Sweepstakes 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.
IN NO EVENT WILL SPONSOR AND 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
SWEEPSTAKES, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES.
This Sweepstakes is not sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to the Sponsor and not to these social media platforms.
12. WINNERS’ LIST: For the names of the prize winners, send an email to firstname.lastname@example.org by October 7, 2021 titled: Winners List: Better With Pepsi NY Sweepstakes.
13. SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.
PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc.