MTN DEW Fishing Opening Day Giveaway (“Offer”)

Terms & Conditions

No Purchase Necessary. Offer begins at 9:00 a.m. Central Time (“CT”) on 5/28/22 and ends at 11:59 p.m. CT on 5/31/22 or until 5,000 participants have registered, whichever is sooner (“Giveaway Period”). Offer open only to legal residents of the United States and the District of Columbia, 18 (19 in Al/NE) years of age or older. You must be a registered member of Twitter with a public profile to participate. Becoming a member of Twitter and participating in the Offer are free. If you are not a registered account holder, please visit twitter.com to register for a free account. Registration for and use of the Twitter platform is 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.

To receive one (1) $20.00 Venmo electronic payment (“Payment”), until 5,000 participants have registered, post an original photo of your Memorial Day Fishing attempt via Twitter (“Submission”), using #DEWOpeningDayGiveaway and tagging @MountainDew. See below for Submission requirements. The first five-thousand (5,000) valid Submissions to come in during the Giveaway Period will receive a direct message to their Twitter account within 1-2 weeks of their post. Click the link provided in the direct message and follow the instructions for providing your name, address, date of birth and phone number associated with your Venmo account (“Confirmation Process”). Opening a Venmo account is free. If you do not already have an account, see Venmo.com or the Venmo mobile app to register for a free account. Entrants will be contacted based on the timestamp on their post.

The person uploading the Submission will be deemed the Entrant (“Entrant”). By participating, 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. Once uploaded, Submission will not be returned. Use of the hashtag #DEWOpeningDayGiveaway constitutes your unconditional acceptance to Terms and Conditions.

Proof of delivery of a Submission does not constitute receipt of Payment. All entries become the property of Sponsor and will not be returned. Submissions must be received within the first five-thousand (5,000) submissions during the Giveaway Period to be eligible for the Payment.

Submission Requirements:
● Photo must be an original photo taken on a mobile device by the Entrant.
● Photo must include a natural body of water and all or a portion of a fishing rod, lure, net, cooler and/or boat.
● An Entrant’s account must be set to “public” for their submission to qualify.
● All submissions be received within the Giveaway Period and be within the first 5,000 submissions to be eligible for a payment.
● A single Submission cannot be used more than one (1) time throughout the Giveaway Period.
● Each Submission is only eligible for one payment throughout the Giveaway Period; 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 Terms and Conditions 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 submissions are eligible to take part in this offer.
● The name of the person participating in the Offer must be the name of the authorized account holder of the social media account used to post, otherwise, the Submission may be deemed void. In the event of a dispute over the identity of a potential winner, submissions 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 Giveaway Period. All submissions become the property of Sponsor. Each submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submissions (including but not limited to submissions 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.

Once your submission and information provided during the Confirmation Process has been verified for eligibility and compliance with these Terms and Conditions, you will receive one (1) $20 Payment via Venmo to the account associated with the phone number provided during the Confirmation Process. The Payment is non-transferable and non-assignable. Pepsi-Cola Company Inc. (“Sponsor”) (a) make’s no warranty, guaranty or representation of any kind concerning any offer item, and (b) disclaim any implied warranty. Any costs and expenses not specifically included herein are solely the winner’s responsibility.

Limit one (1) Payment per person, household, or e-mail address throughout the Giveaway Period. Only five-thousand (5,000) $20 Payments will be available to be awarded during the Giveaway Period.

All information submitted online by entrants is subject to, and will be treated in a manner consistent with, Sponsor’s Terms of Use and Privacy Policy accessible at: http://www.pepsi.com/en-us/d/#en-us/d/privacy-policy. By participating, you agree (i) to be bound by these terms and conditions and the decisions of Sponsor which are final and binding, and (ii) to release and hold harmless Sponsor, their respective parent companies, affiliates, subsidiaries, divisions and/or advertising or promotion agencies, individuals or entities responsible for the development, printing, distribution and implementation of this Offer (“Released Parties”), against any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from participation in this Offer. Offer is subject to all applicable federal, state, and local laws. If electing to participate in the Offer using a wireless device, entrants are solely responsible for any such wireless charges. Check with your wireless service provider for details on wireless capabilities and any applicable charges. Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer and/or wireless device related to or resulting from participating in this Offer or downloading materials from or use of the website. Entrants also shall grant 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) the winner’s name, statement, picture, or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS OFFER OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS OFFER MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PEPSICO, INC. WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND PEPSICO, INC. AND IT’S RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Offer requests generated by script, macro or other automated or improper means are void. Offer recipients are responsible for all federal, state, and local taxes, if any, as well as all fees and expenses associated with acceptance and use of the Offer not specified herein as being provided. Not to be combined with any other Offer. Void where prohibited. Offer is non-transferable, substitutable or redeemable for cash and are provided “as is” with no warranty or guarantee, either expressed or implied. Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Offer requests; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer errors of any kind whether human, mechanical, electronic, typographical, printing or otherwise relating to or in connection with the Offer, including, without limitation, errors which may occur in connection with the administration of the Offer, the processing of requests or membership accounts, or in any Offer-related materials. Released Parties are also not responsible for injury or damage to entrants’ or to any other person’s computer or wireless device related to or resulting from participating in this Offer or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Offer, as solely determined by PepsiCo, Inc., will be disqualified. Should any portion of the Offer be, in PepsiCo, Inc.’s sole opinion, compromised by bugs, virus, worms, non-authorized human intervention or other causes, which, in the sole opinion of PepsiCo, Inc.’s , corrupt or impair the administration, security, fairness or submission of information, PepsiCo, Inc. reserves the right at its sole discretion to cancel, suspend or terminate the Offer.

Submissions generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential Offer recipient, the recipient will be declared made by the Authorized Account Holder of the email address submitted at the time of submission provided he/she is eligible according to these Terms and Conditions. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address.

Sponsored by Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY 10577.

MTN DEW and the Mtn Dew Logo are registered trademarks of PepsiCo, Inc.
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