“GET OUT AND DO” INFLUENCER GIVEAWAY
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED. INTERNET ACCESS REQUIRED. MESSAGE AND DATA RATES MAY APPLY IF USING A MOBILE DEVICE TO PLAY.
Get Out and Do Influencer Giveaway (the “Giveaway”) is sponsored by Pepsi-Cola Company (“Sponsor”), 7380 W Sand Lake Rd #230, Orlando, FL 32819.
1. GIVEAWAY PERIOD: The Giveaway begins on October 2, 2022 at 12:00:00 AM Eastern Time (“ET”) and ends on November 12, 2022 at 11:59:59 PM ET (“Giveaway Period”). Administrator’s clock shall be the official clock of the Giveaway. A “day” begins at 12:00:00 AM ET and ends at 11:59:59 PM ET during the Giveaway Period.
2. ELIGIBILITY: This Giveaway is open only to legal US residents of AR, LA, MS, AL, GA, TN, KY, FL, SC, NC, VA, WV, MD and The District of Columbia who are at least 18 years of age (19 in AL) at the time of registration/entry. Officers, directors, employees, representatives and agents of Sponsor and its parent company, bottlers, 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. Void where prohibited or restricted by law.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Giveaway.
3. HOW TO ENTER: During the Giveaway, to enter, you must engage with a participating influencer’s “Get Out and Do” social media campaign post by “liking” and “commenting” on the campaign content post. You must use #DewOutdoorsEntry in your entry to qualify. A “Get Out and Do” social media campaign post by a participating influencer can be identified through inclusion of all three of the following markers within the relevant post’s caption: “#GetOutAndDoSweepstakes,” “@MountainDew” and “#MtnDewPartner” (or ”#ad”).
(1) Entry per participating influencer campaign content post, per user while supplies last. All Entries must be received by 11:59:59 PM ET on 11/12/22. Limit: (1) prize per social media account regardless of total number of Entries across all participating influencer content posts.
If you do not have an account on the relevant social media platforms (Instagram, TikTok, Twitter, or Facebook), establishing accounts on those platforms is free. All platform specific terms apply.
For an entry to be valid:
● Entrant’s account must be set to Public/Unprotected during the Giveaway Period and be open to receive direct messages from anyone for their entry to qualify (Go to your Instagram Account, Settings, Privacy and Safety, Direct Messages, and make sure “Allow message requests from anyone” is checked).
● Entry must be received within the Giveaway Period.
● Entry must stay live within the comment section of the participating influencer’s campaign content post through the end of the Giveaway Period. Any entry that is deleted prior to the end of the Giveaway Period will not be valid.
● Entries 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 language; 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.
The name of the person participating in the Giveaway must be the name of the authorized account holder of the social media account used to post, otherwise, the Entry 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 Entry, and the potential winner may be required to provide identification sufficient to show that they are the authorized account holder. Any potential winner may be required to provide identification sufficient to show that they are the authorized account holder of such social media account, email address or wireless phone number. All Entries become the property of Sponsor. Each Entry must be manually key stroked and manually entered by the individual Entrant; automated and/or repetitive electronic entries (including but not limited to Entries made using any script, macro, bot or giveaway service) will be disqualified.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram, TikTok, Facebook or Twitter. Any questions, comments or complaints regarding this Promotion shall be directed to Sponsor and not to any of the relevant social media platforms.
4. PRIZES: Twenty (20) Prizes will be awarded, each to include a combination of “outdoor” themed items such as autographed and branded merchandise, and may include a tackle box, cooling towel, mini cooler bag, dry bag, binoculars, a water bottle, and waterproof stickers. Approximate Retail Value (“ARV”): $200. Prizes may vary as supplies last.
5. PRIZE DRAWING/NOTIFICATION: At least one (1) winner will be chosen at random, per participating influencer campaign content post, with prizing to be awarded throughout the campaign, but no later than 11/25/22.
Potential Prize Winners will be notified by direct message to the social media account identified with the Entry, within approximately one week of the drawing (“Winner Notification”). An email address will be obtained through the direct message Winner Notification for further communications, wherein Sponsor will obtain a mailing address for delivery of the prize. Sponsor is not responsible for changes in the entrant’s account status or contact information that may result in a potential winner not receiving the Winner Notification or any other notice or prize. Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not responsible for any Entrant’s account issues or 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. If, after a good-faith attempt, Sponsor is unable to award a prize, the prize may not be re-awarded.
If any potential Prize Winner fails to comply with these Official Rules he/she will be automatically disqualified and the prize may be awarded to an alternate winner, in Sponsor’s sole discretion. Upon forfeiture of any prize, no compensation will be given. Prizes are non-transferable. No prize transfer, 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 the 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. Prizes will only be awarded to winners whose mailing addresses are within the fourteen (14) eligible US states: AR, LA, MS, AL, GA, TN, KY, FL, SC, NC, VA, WV, MD and The District of Columbia.
6. LIMITATION OF LIABILITY: By participating in this Giveaway, entrants agree that the Promotion Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, misdirected due or undeliverable e-mail notifications (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Giveaway; (vii) any injury or damage, whether personal or property, to Entrants or to any person’s computer related to or resulting from participating in the Giveaway and/or accepting a prize; and (viii) Entries that are late, forged, misdirected, tampered with, incomplete, deleted, damaged or otherwise not in compliance with the Official Rules. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. Further, the Promotion Entities are not responsible for any undeliverable winner notifications.
By participating in the Giveaway, each Entrant agrees: (i) to be bound by these Official Rules, including Entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of their rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Giveaway; and (iii) 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 attorneys’ fees) that may arise in connection with: (a) the Giveaway, including, but not limited to, any promotion-related activity or element thereof, and the Entrant’s Entries, participation or inability to participate in the Giveaway; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) 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); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.
If, for any reason, the Giveaway is not capable of running as planned, or if it is delayed due to any pandemic, epidemic or other circumstances beyond Sponsor’s control, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Giveaway and/or proceed with the Giveaway in a manner it deems fair and reasonable, including the selection of winners from among eligible 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, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, 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 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 Entrant in connection with the Giveaway. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Giveaway for clarification purposes without materially affecting the terms and conditions of the Giveaway.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE PRIZES, IS 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.
7. DISPUTES: THIS GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE RESOLVED IN THE STATE OF NEW YORK IN A COURT OF COMPETENT JURISDICTION. 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.
9. PUBLICITY RIGHTS: Except for residents of Tennessee and where prohibited by law, winner grants to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known, the 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.
10. GENERAL: Any attempted form of participation in this Giveaway other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any Entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Giveaway; 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 this Giveaway. Any attempted form of participation in this Giveaway other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s Entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Giveaway will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to the identity of a winner, the winning Entry will be declared made by the authorized account holder of the social media account associated with the Entry. “Authorized account holder” is defined as the natural person who is assigned to a social media account by a social media platform that is responsible for assigning the social media account. Each Entrant may be required to show proof of being an authorized account holder.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY 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. No entrant shall have the right to modify or amend these Official Rules. 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. In the event of any conflict with any Giveaway details contained in these Official Rules and Giveaway 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 Giveaway as set forth in these Official Rules shall prevail.
WINNERS LIST: To receive the names of the winners (available after November 20, 2022), send an email to: email@example.com by no later than December 20, 2022.