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LIPTON T-PAIN FAM FEST CONTEST
TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO PARTICIPATE. MULTIPLE ENTRY DEADLINES APPLY. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS. INTERNET ACCESS IS REQUIRED. MESSAGE AND DATA RATES MAY APPLY IF ENTERING VIA A MOBILE DEVICE.
1. CONTEST ENTRY PERIOD: The entry period for the Lipton T-Pain Fam Fest Contest (the “Contest”) begins on July 15, 2022, at 12:00 AM Eastern Time (“ET”) and ends on August 28, 2022, at 11:59 PM Eastern Time (“ET”) (the “Contest Entry Period”). See Section 5 for Prize Period details. The entries will be reviewed and judged to determine up to eight (8) winners.
2. ELIGIBILITY: The Contest is open to legal residents of the U.S. residing in Alabama, Arkansas, Georgia, Kentucky, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, West Virginia, or the District of Columbia, and are at least 18 years of age at the time of entry (19 in Alabama). Employees, agents, officers and directors of Pepsi-Cola Company (“Sponsor”) or any of its bottlers, and any/all participating parties and endorsers of the Contest (collectively with Sponsor, the “Contest Entities”), and their respective parents, directors, employees, subsidiaries, affiliates, franchisees, divisions, representatives, contractors, and advertising, promotion, fulfillment and marketing agencies (collectively, “Released Parties”) and their immediate families (parents, spouses, children and siblings and their respective spouses, regardless of where they reside), and household members, whether or not related, are not eligible to submit a nomination or win. Subject to all applicable federal, state, and local laws. The information you provide as detailed below will only be used for Contest purposes.
3. HOW TO ENTER: During the Contest Entry Period, you can enter the Contest:
a) VIA CODE: Look for the code on Contest materials in retail locations to enter from a mobile device (“Mobile Device”). By scanning the code, Entrants will be taken to the URL WWW.LIPTONBLOCKPARTYCONTEST.COM (“Website”) and advised to follow the on-screen instructions to properly complete an online entry form. Standard message and data rates may apply if participating via a mobile device. Check with your wireless service provider for details on any applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers may participate.
b) VIA INTERNET: Visit WWW.LIPTONBLOCKPARTYCONTEST.COM and follow the on-screen instructions to properly complete an online entry form.
The Contest submission must include writing a short description of Entrant’s community charitable activities and needs.
4. ENTRY REQUIREMENTS: Each Entry must meet the following “Entry Requirements”: the Entry must be the submitting Entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties. Entry must not include images that are deemed by the Sponsor to be obscene, pornographic, libelous, or are otherwise objectionable.
Limit one (1) Entry per person/email address per day for the duration of the Contest Entry Period. Any Entry deemed inappropriate, lewd, or offensive for any reason, as determined at the sole and absolute discretion of the judges, will not be considered. Modification of an existing work does not qualify as original. In order to be entered into the Contest, Entrant must comply with the Website instructions. Each Entry must be complete and meet all criteria set forth in these Terms and Conditions to be eligible. Once submitted, an Entry cannot be deleted, canceled, nor modified except by the Sponsor.
5. JUDGING AND WINNER NOTIFICATION: Based on the criteria outlined below, eight (8) potential winners will be determined based on the table below from among all eligible Entries received during each Prize/Grant Period.
Each Entry will be judged by a panel of judges selected by Sponsor, whose decisions will be final and binding in all matters relating to this Contest, on the following criteria:
• Entrant demonstrates an act of commitment to bringing their community together: 0-30 points,
• Entrant leads initiatives that uplift, empower, and better their community: 0-30 points
• Entrant collaborates with other leaders in the community: 0-30 points.
• Entrant describes concrete and compelling need for grant: 0-10 points.
In the event of a tie, tied Entries will be re-judged based on the following criteria: concrete and compelling need for a grant to continue Entrant’s community work: 0-100 points. The Entrant with the highest score from each Prize/Grant Period will be determined to be the potential winner of that Prize/Grant Period. Non-winning entries of each Prize/Grant Period will carry forward to subsequent Prize Period judging. Grand Prize judging will include all weekly winners.
|Prize/Grant Period||Prize/Grant Period Dates||Prize/Grant||Approximate Retail Value (“ARV”)|
Potential grant/prize winners will be notified by email, telephone, overnight delivery and/or mail and will be required to execute and return an Affidavit of Eligibility, Liability Release (where legal) and Publicity Release Form together with a valid Form W-9 within seven (7) days of date of issuance of notification. If a potential winner cannot be contacted; are ineligible according to these Terms and Conditions; fails to return the required documents within the specified time period, or if a potential winner otherwise fails to fully comply with these Terms and Conditions, he/she will forfeit his/her opportunity as a potential winner and a runner-up potential winner may be notified, in the Sponsor’s sole discretion. Sponsor reserves the right to proceed with fewer than eight (8) winners in the event Sponsor does not receive a sufficient quantity of eligible Entries during the Prize Periods.
Entrant understands that Sponsor and/or its designated agent is not required to follow through with any Entry and furthermore the Prize Winners will be at Sponsor’s sole discretion. By submitting an Entry, Entrant hereby warrants and represents that the Entry conforms to the requirements set forth herein. Sponsor and/or its designated agent reserves the right to conduct a background check of any and all records of the potential winners, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, potential winners shall authorize this background check. Sponsor reserves the right (at its sole discretion) to disqualify any potential winner based on the background check or refusal to authorize the background check and, at Sponsor’s discretion, contacting a runner-up.
• One (1) Grand Prize will be awarded, consisting of ten (10) tickets to the Lipton Fam Fest hosted by T-Pain, a Lipton gift box, and a $10,000 grant. Location and date of Lipton Fam Fest to be determined by Sponsor at time of prize being awarded. The $10,000 grant may be used to assist with the initiative(s) that aligns with what was submitted with the Entry, awarded in the form of a check. Approximate Retail Value of Prize: $10,130.
• Two (2) First Prizes will be awarded, each consisting of a Lipton gift box and a $5,000 grant (funding which the winner may use to assist with their initiatives that support those outlined in these Terms and Conditions Nominators), will be awarded in the form of a check. Approximate Retail Value of Prize: $5,030.
• Five (5) Second Prizes will be awarded, each consisting of a Lipton gift box and a $2,000 grant (funding which the winner may use to assist with their initiatives that support those outlined in these Terms and Conditions Nominators), will be awarded in the form of a check. Approximate Retail Value of Prize: $2,030
Winners may not substitute, assign, nor transfer a prize. Winners are responsible for reporting and payment, if any, of all applicable federal, state, and local taxes incurred with prize. Total value of all prizes awarded: up to $30,340.
No cash alternative or substitution of prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if any portion of the prize listed is unavailable, in whole or in part, for any reason. Limit one (1) Prize per person/household during the Contest Period, except for the Grand Prize winner which may also have won one of the weekly prize/grants.
7. GENERAL PRIZE CONDITIONS: The Prizes will be awarded only if the potential Prize winners fully comply with these Official Rules. All portions of the Prizes are non-assignable and non-transferable. Prize pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. The Prize winners shall be solely responsible for all federal, state, and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of the prize or other items of value transferred to the Prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of the prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in the Prize winner forfeiting the Prize and an alternate potential Prize winner may be determined in accordance with these Official Rules. Sponsor will award the Prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. The potential Prize winners will be required to execute a Declaration of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release and Assignment of Rights (collectively, “Prize Claim Documents”). If a potential Prize winner fails or refuses to sign and return all Prize Claim Documents within forty-eight (48) hours, that winner may be disqualified and an alternate winner may be determined. Return of prize notification email as undeliverable or if winner does not meet eligibility requirements may result in disqualification and alternate Prize winner may be determined.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
8. GENERAL RULES: Winners and all Entrants and guests, as a condition of entry into the Contest and/or use of prize, agree to release the Released 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 creation of or submitting an Entry, or otherwise participating in any aspect of the Contest, the receipt, ownership or use or misuse of the prizes awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Acceptance of prize constitutes permission to use Entrant’s name, likeness and Entry (as applicable) for promotional purposes (including any possible public relations opportunities) without further compensation, except where prohibited by law. By participating in the Contest, Entrants agree to be bound by these Official Rules and the decisions of the Judges. The Released Parties are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user, by any of the equipment or programming associated with or utilized in the Contest, or by any human error which may occur in the processing of the Entries in the Contest, or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding prize or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor may (if possible) determine the winners from all eligible, non-suspect Entries received for each Entry Period as of the date of the event giving rise to the termination based on judging criteria listed above. Only the type and quantity of prize described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein As a condition of participating in the Contest or winning a prize, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waive all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.
9. RIGHTS IN ENTRIES: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants to the Released Parties, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Entry, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Released Parties shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which the Released Parties deem necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Released Parties shall retain the rights granted in each Entry even if the Entry is disqualified or fails to meet the Entry Requirements or even it if it determined that the entrant who made the Entry is ineligible to enter the Contest.
10. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Entry meets the Entry Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant agrees to indemnify the Released Parties and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by Entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by Entrant while participating in the Contest.
11. PUBLICITY RELEASE: Without in any way limiting the rights granted in the Entry, as set forth above, acceptance of prize constitutes winners’ permission for the Contest Entities to use each winner’s Entry (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Contest, Released Parties, and all uses of the Entry permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winner.
12. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Entry (if applicable) to Sponsor for purposes of the Contest does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Entry. Each Entrant understands and acknowledges that the Released Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Released Parties or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. NO OBLIGATION TO USE: The Released Parties shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and the Released Parties may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
14. ANTICIPATED NUMBER OF ENTRANTS: Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
15. GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA and any controversy or claim not settled by the parties arising out of or relating to this Contest will be resolved in the State of New York in a court of competent jurisdiction.
16. WINNERS’ NAMES: For the names of the winners, available after October 1, 2022, send a self-addressed stamped envelope to PSG/Lipton T-Pain Fam Fest Winners’ List, PO Box 940340, Maitland, FL 32794-0340.
17. SPONSOR: Pepsi-Cola Company, 7380 W. Sand Lake Road, #230, Orlando, FL 32819.
LIPTON® is a registered trademark of the Unilever Group of Companies.