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PEPSI ZERO SUGAR® X SEATTLE KRAKEN PROMOTION

OFFICIAL RULES

NO PURCHASE NECESSARY TO PARTICIPATE OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE.

Sponsor: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY 10577.

1. PROMOTION PERIOD: The Promotion begins on October 22, 2021 and ends on December 3, 2021 (the “Promotion Period”).

2. ELIGIBILITY: This Promotion is open only to legal U.S. residents who are at least eighteen (18) years old at the time of entry and are residents of Washington. Participants must possess a valid Seattle Monorail ticket or a pass. Employees of Sponsor, the Seattle Kraken and 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 participate or win.

Participation constitutes participant’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 Promotion. Participants must abide by local COVID-19 restrictions, including following mask-wearing guidelines.

3. HOW TO PARTICIPATE: Board the Seattle Monorail train car that is wrapped in Pepsi Zero Sugar graphics (the “PZS Express) that runs from Westlake Center to Seattle Center on 10/22/21, 10/23/21, 11/13/21, 11/19/21 or 12/3/21 (“PZS Express Days)”. If you board the train during the ride in which a Pepsi Zero Representative is on board, you will receive a token when exiting the train at Seattle Center. Follow the instructions provided by the Representative during the train ride to take your token to the Redemption Area in the Seattle Center Armory. Check in at the Redemption Center to automatically receive a PZS x Kraken branded mask and to find out if you have won any other prizes.

4. GIVEAWAY: Any participant who shows their token at the Redemption Area within 30 minutes of exiting the train will receive a PZS x Kraken branded mask. Approximate Retail Value of Mask (“ARV”): $3.

5. PRIZES: Gift Card Prize: There are twenty (20) Gift Card Prizes available for participants who ride the PZS Express 10/22/21 or 10/23/21, each consisting of a $100 gift card to the Seattle Kraken Team Shop or ORCA public transportation. Ten (1) gift cards will be given away on each day. ARV: $100. Ticket Prize: There are ten (10) Ticket Prizes available for participants who ride the PZS Express on any PZS Express Day, each Ticket Prize consisting of two (2) Club Seat Tickets to a Seattle Kraken game during the 2021 season. Game date to be determined at the Sponsor’s sole discretion. ARV: $280.

The odds of winning a Gift Card Prize or Ticket Prize depend on the number of eligible participants on each PZS Express Day.

6. HOW TO CLAIM A PRIZE: Once a participant presents their token at the Redemption Center at Seattle Center, they will be informed if they won a Gift Card Prize or Ticket Prize. Tokens are specially marked for a prize and are randomly passed out upon exiting the PZS Express. If a participant presents a token that is specially marked for a Gift Card Prize, they may be awarded their Gift Card Prize immediately after verification. If a participant presents a token that is specially marked for a Ticket Prize, they may be provided with redemption instructions. Ticket Prize Winners must follow the instructions provided at the time of presenting their token to receive their prize, which includes sending an email to prizes@enterpromo.com and providing their name, address, phone number and date of birth. Tickets will be sent via email to confirmed winners. All participants who present a specially marked prize token are subject to verification of eligibility and compliance with these Official Rules. If any potential winner is disqualified, determined to be ineligible or found not to be in compliance with these Official Rules, or, if any prize is unclaimed, the prize will be forfeited and, that Prize will not be awarded. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility. The prizes will only be awarded to a verified Winner.

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.

7. LIMITATION OF LIABILITY: By participating in this Promotion, participants 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, 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) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vi) 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 a prize.
By participating in the Promotion, each participant 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 Promotion; 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 promotion, including, but not limited to, any promotion-related activity or element thereof, and the participant’s participation or inability to participate in the Promotion; (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 participant.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the promotion, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible participants 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, and Sponsor shall not have any further liability to any participant in connection with the Promotion. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Promotion for clarification purposes without materially affecting the terms and conditions of the Promotion.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, 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.

8. DISPUTES: THIS PROMOTION 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. 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 NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NEW YORK, NEW YORK. 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. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT 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.

9. PRIVACY: Sponsor’s privacy policy is available at http://policy.pepsi.com/privacy.htm.

10. PUBLICITY RIGHTS: By participating in this Promotion, each participant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use their name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Promotion for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

11. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any participant found or suspected, in their sole and absolute discretion, 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 this Promotion. Any attempted form of participation in this Promotion other than as in these Official Rules is void. Participants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE 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. No participant 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 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.

12. WINNERS’ LIST: For the names of the prize winners, send an email to prizes@enterpromo.com by 12/31/21 titled “ PZS x Kraken Promotion Winners’ List.”.

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