MTN DEW® MOUNTED DEER SWEEPSTAKES

OFFICIAL RULES

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.

The MTN DEW Mounted Deer Sweepstakes (the “Sweepstakes”) is sponsored by Pepsi-Cola Company (“Sponsor”), 700 Anderson Hill Road, Purchase, NY 10577 and is administered by Promotion Security Group, LLC (the “Administrator”).

1. SWEEPSTAKES PERIOD: The Sweepstakes begins on October 11, 2022 at 9:00:00 AM Central Time (“CT”) and ends on October 31, 2022 at 11:59:59 PM CT (“Sweepstakes Period”). Administrator’s clock shall be the official clock of the Sweepstakes. A “day” begins at 12:00:00 AM CT and ends at 11:59:59 PM CT during the Sweepstakes Period, except for the first day, which begins at 9:00:00 AM CT and ends at 11:59:59 PM CT on October 11, 2022.

2. ELIGIBILITY: This Sweepstakes is open to legal residents of the United States and the District of Columbia who are at least 18 years of age (19 in AL and NE) at the time of entry. Officers, directors, employees, representatives and agents of Sponsor and 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. 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 Sweepstakes.

3. HOW TO ENTER: During the Sweepstakes Period, you can enter via the following methods:
(a) Social Media: You will need to have an existing Instagram or Facebook account with a public profile. If you do not have an existing Instagram or Facebook account, you can set one up for free by downloading the Instagram or Facebook app on your mobile device or visiting Instagram.com or Facebook.com to set up a free account. During the Sweepstakes Period, go to the @MountainDew Instagram page or the Mountain Dew Facebook page and follow the instructions to select the “Mtn Dew Mounted Deer” effect, open your mobile device and create your Mounted Deer photo. You will then be prompted to share your social effect using the hashtag #MountedDeerSweepstakes and tagging @MountainDew via your Instagram stories feed or via your Facebook feed (the “submission”)

Submission will equal of one (1) Sweepstakes entry. Limit of one (1) Entry per person/Instagram or Facebook account per day during the Sweepstakes Period.

The person uploading the Submission will be deemed the Entrant (“Entrant”). Use of the hashtag #MountedDeerSweepstakes constitutes Entrant’s unconditional acceptance of these Rules.

Proof of sending Submission will not be deemed to be proof of receipt by Pepsi Cola Company (“Sponsor”).

For a Submission to be valid:

• – Entrant’s account must be set to Public/Unprotected during the Sweepstakes Period and be open to receive direct messages from anyone for their submission to qualify (Go to your Instagram Account, Settings, Privacy and Safety, Direct Messages, and make sure “Allow message requests from anyone” is checked).
• Submission must be an original photo taken on a mobile device by the Entrant.
• Submission must be received within the Sweepstakes Period.
• Submissions posted on an Instagram or Facebook feed must stay live on Entrant’s account through the end of the Sweepstakes Period. Any of these Submissions that are deleted prior to the end of the Sweepstakes Period will not be valid.
• Submission must be an original 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.
• Submission must not contain any copyrighted works. Sponsor may, in their sole discretion, remove, delete or disqualify 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 submissions are eligible to take part in this Sweepstakes.

The name of the person participating in the Sweepstakes 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 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 email address or wireless phone number. 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.

This Promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram or Facebook. Any questions, comments or complaints regarding this Promotion shall be directed to Sponsor and not to Instagram or Facebook.

(b) Internet Participation: To enter via the Internet for free, visit www.MTNDEWMountedDeer.com (the “Website). Once at the Website, follow the on-screen instructions to submit an Entry. Entrants will be required to provide their First & Last Name, valid Email Address, Mailing Address (PO Boxes are not eligible), Phone Number, Date of Birth and agree to be bound by the Official Rules of the Sweepstakes in order to enter.

(c) Mail-In: To enter by mail, hand-write your complete name, valid email address, street address (P.O. Boxes not accepted), city, state, zip code, telephone number, and date of birth on a 3”x5” postcard and mail in a hand-addressed envelope with sufficient postage to: Mtn Dew. Mounted Deer Sweepstakes-Entry, P.O. Box 940340, Maitland, FL 32794-0349. All Mail-In Entries must be postmarked no later than October 31, 2022 and received by November 4, 2022 to be eligible for the drawing.
Limit of one (1) Entry per account/person/email address per day throughout Sweepstakes Period, regardless of method of entry.

4. PRIZES: There will be one (1) Grand Prize consisting of a MTN DEW Mounted Deer head and $10,000 to be used towards a Mtn Dew Den Makeover (awarded in the form of a check.). Approximate Retail Value (“ARV”) of Grand Prize: $10,000. There will be seven-hundred and fifty First Prizes awarded, each consisting of a MTN DEW Mounted Deer head. ARV: $125.

5. ODDS OF WINNING AND PRIZE LIMITATIONS: Odds of winning are based on the number of eligible entries received throughout the Sweepstakes Period. Limit one Prize per person, household, street address, and/or email address throughout the Sweepstakes Period.

6. PRIZE DRAWING/NOTIFICATION: Prize Winners will be selected in a random drawing held on or around 11/4/22 from among all eligible entries. Potential prize winners will be notified by direct message to the Instagram or Facebook account used for entry or via email if they entered via internet or mail-in, within seven (7) days of the drawing. If winner does not follow the link within the direct message or reply via email and provide the information requested within forty-eight (48) hours of notification being sent, an alternate winner may be drawn. Sponsor is not responsible for suspended or discontinued wireless service which may result in a potential winner not receiving initial prize notification. Sponsor is not responsible for changes in the entrant’s email address 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 undelivered messages or e-mails, including without limitation messages that are not received because of a winner’s privacy or spam filter settings which may divert any Promotion e-mail or direct messages, 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. Potential Grand Prize Winner will be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release, and IRS W-9 form, within four (4) days of notification that he/she is a potential winner. No potential Grand Prize Winner will be an official winner until any required paperwork has been returned and eligibility has been formally verified by Sponsor. If any potential Prize Winner fails to comply with these Official Rules and/or to submit all required documentation within the designated time-period, 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 who’s mailing addresses are in the US/DC.

7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, 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 Sweepstakes; (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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes; 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 sweepstakes, including, but not limited to, any promotion-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (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 Sweepstakes 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 Sweepstakes and/or proceed with the Sweepstakes 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 Sweepstakes. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Sweepstakes for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, 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 SWEEPSTAKES 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. PRIVACY: Any personal information provided in connection with participation in the Sweepstakes will only be used by Sponsor to notify a potential winner and/or fulfillment of a prize and shall be subject to the Pepsi-Cola Company’s Privacy Policy available at http://policy.pepsi.com/privacy.htm..

10. 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.

11. GENERAL: Any attempted form of participation in this Sweepstakes 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 Sweepstakes; 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 Sweepstakes. Any attempted form of participation in this Sweepstakes 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 Sweepstakes 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 e-mail address submitted on the registration form associated with such entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. 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 SWEEPSTAKES 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 sweepstakes details contained in these Official Rules and Sweepstakes 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 Sweepstakes as set forth in these Official Rules shall prevail.

12. WINNERS LIST: For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, “MTN DEW Mounted Deer” PO Box 940340, Maitland, FL 32794-0340. Winner List requests must be received no later than November 30, 2022.

Customer Service inquiries may be made at prizes@enterpromo.com or by calling 877-433-9765.©2022 Pepsi-Cola Company. All rights reserved.