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OFFICIAL RULES

2022 PEPSI NITROSMOOTH YANKEES SWEEPSTAKES
OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. PARTICIPATION SUBJECT TO COMPLETE OFFICIAL RULES AVAILABLE AT PEPSIPROMOS.COM/NITROSMOOTH (“WEBSITE”). THE SWEEPSTAKES SHALL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK. VOID WHERE PROHIBITED. SWEEPSTAKES IS OPEN ONLY TO LEGAL U.S. RESIDENTS WHO, AT THE TIME OF ENTRY AND PRIZE AWARDING, ARE RESIDING IN THE STATE OF NEW YORK, NEW JERSEY or CONNECTICUT AND ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.

1. SWEEPSTAKES PERIOD: Entry into the Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on April 5, 2022 and ends at 11:59 p.m. ET on April 29, 2022 (“Sweepstakes Period”).

2. ELIGIBILITY: The Sweepstakes is open only to individuals who are legal residents of the United States who, at the time of entry and prize awarding, are residing in New York, New Jersey or Connecticut and are eighteen (18) years of age or older. Potential winners may be required to provide proof of legal U.S. residency, if requested by Sponsor, to determine eligibility and as a condition of prize award. The following persons are not eligible to participate or win: Any individuals (including but not limited to employees, consultants, independent contractors and interns) who at time of prize awarding or within the six months prior to the start date of the Sweepstakes, have held employment with or performed services (collectively referred to as “Workers”) for Pepsi-Cola Company (“Sponsor”) and its bottlers, New York Yankees Partnership (“New York Yankees”), the other MLB Entities (as defined below), or any of the subsidiaries and affiliated companies of the preceding companies/bottlers, or any of their respective parents, subsidiaries and affiliated companies, as well as the participating retailers, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively “Sponsor and Promotion Parties”), and the immediate family members of such Workers (defined as spouse, parent, child, sibling, grandparent; whether biological, adopted, step or in-law) and those living in living in their same households (defined as those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes).

The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.

The MLB Entities have not offered or sponsored this Sweepstakes in any way. Major League Baseball trademarks, service marks, and copyrights are proprietary to the MLB Entities. All rights reserved.

3. HOW TO ENTER: Eligible individuals (“Entrant”) can enter the Sweepstakes via either of the following methods:
(a) TEXT MESSAGE: Use your mobile phone to text NITROSMOOTH to short code 99888 follow the instructions to properly complete and submit an entry. Participants must have a mobile phone with text messaging capabilities to enter by text message and may incur standard text message and data charges from their wireless service provider for each message sent and received. Important Information: By entering the Sweepstakes via text message, you agree to send and receive up to three (3) text messages from or on behalf of Sponsor about the Sweepstakes at the number from which you entered. 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 participate. By entering this Sweepstakes via text messaging the entrant is consenting to receive autodialed text and phone messages regarding the Sweepstakes. You understand that your consent to receive text messages is not a requirement or a condition of any purchase. Entrants will be given the opportunity to stop receiving text messages at any time by sending “STOP” to 99888. Text “HELP” to 99888 for help.

(b) INTERNET: Visit www.pepsipromos.com/nitrosmooth and follow the on-screen instructions to properly complete and submit an online entry.

Limit one (1) entry per day per person/email address/phone number, regardless of entry method. If more than one entry is received from the same person/email address/phone number in one day, all but the first entry may be disqualified. A “day” is defined as a twenty-four (24) hour time-period beginning at 12:00:00 a.m. (midnight) ET and ending at 11:59 p.m. ET. The time clock of the Sweepstakes administrator is the official clock for this Sweepstakes.

In the event of a dispute over the identity of a potential winner, an online or text message entry will be declared made by the authorized account holder of such email address or wireless phone number submitted at the time of entry, and 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. Proof of emailing/texting does not constitute proof of delivery or receipt of entry or notice by Sponsor or Administrator. Entries become the property of Sponsor and will not be returned and may not be acknowledged. Each entry submission must be manually keystroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries 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. Sponsor is not responsible for lost, late, misdirected or incomplete entries.

4. SELECTION OF WINNERS: Potential winners will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period. Drawing will occur on or about April 20, 2022 and will be conducted by Sponsor’s administrator, whose decisions on the drawings shall be final and binding. All prizes claimed will be awarded. Under no circumstances will Sponsor be obligated to award more prizes than the number advertised within these Official Rules. Limit one (1) prize per person or household.

5. PRIZE DETAILS: One (1) Grand Prize will be awarded, prize consists of the opportunity for the winner to throw out the ceremonial first pitch at Yankee Stadium on May 10, 2022, suite tickets for Winner and one (1) Guest on the same night, and one (1) signed CC Sabathia Jersey. Grand Prize ARV is $550.00. Twenty (20) First Prizes will be awarded, each consisting of two (2) Nitro Pepsi Suite Game tickets for winner and one (1) guest on May 10, 2022 (ARV: $300).

Total ARV of all prizes: $6,550.00. NO TRANSPORTATION OR LODGING AWARDED AS PART OF ANY PRIZE. Exact nature and duration of the ceremonial first pitch shall be determined in the sole discretion of Sponsor and the New York Yankees and subject to availability. Guests of Grand Prize winner must be eighteen (18) years of age or older, or the winner must be the parent or legal guardian of such guest. Guest must sign a Guest Liability/Publicity Release (“Guest Release”) before attending the game (or if guest is the minor child/ward of the winner, the winner must sign the Guest Release on behalf of said minor child/ward). Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see mlb.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Winners’ guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Each winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize. Sponsor and the MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Promotion Parties will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture and may invalidate the license granted by the game/event/exhibition ticket. Participation in the prize event is subject to each winner’s (and guest’s) consent to and compliance with all health and safety policies of the MLB Entities, including but not limited to the wearing of masks if and when directed and the requirement to be fully vaccinated against COVID-19 (i.e., having received a final vaccination dose at least 14 days prior to the event).

6. WINNER NOTIFICATION: Depending on the entry method used, potential winners will be notified by text or email at the phone number or email address provided upon entry, within approximately two (2) days of the drawing (“Winner Notification”). If notified by text message, potential winner may be required to respond within forty-eight (48) hours and provide an email address to which an email Winner Notification can be sent and/or a mailing address to which prize can be sent, as determined by Sponsor and explained in the original text message Winner Notification. Potential prize winners may be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release and IRS W-9 form (collectively “Prize Claim Forms”), within time frame specified in the Winner Notification or on the Prize Claim Forms, or prize will be forfeited and may be awarded to an alternate winner, in Sponsor’s sole discretion. Sponsor is not responsible for suspended or discontinued wireless service or a change in the entrant’s telephone number or email address that may result in a potential winner not receiving the Winner Notification or any other notice or prize. In the event (i) the Winner Notification, or a prize is returned as undeliverable; (ii) the potential winner fails to respond to the Winner Notification as directed; or (iii) a potential winner is determined to be ineligible or not in compliance with these Official Rules, that potential winner may be disqualified and the prize will be forfeited and may be awarded to an alternate winner, in Sponsor’s sole discretion. Allow approximately one (1) to two (2) weeks for delivery of the Grand Prize and three (3) to four (4) weeks for all other prizes following the winner verification. Prizes will only be delivered to addresses within New York, New Jersey or Connecticut.

7. RELEASES: All Entrants, as a condition of participation in this Sweepstakes, agree to release and indemnify Sponsor and Promotion Parties, New York Yankees Partnership (“New York Yankees”) and each of their parent, subsidiary and affiliated companies, and all of their employees, officers, directors, agents, contractors, prize suppliers, promotion/advertising/fulfillment agencies associated with this Sweepstakes (collectively the “Released and Indemnified 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 accessing the Sweepstakes or any website, submitting a Submission or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer’s warranty as may be included therewith. Winner bears all risk of loss or damage to any prize, after it has been delivered. Unless prohibited by law, winners grant to Sponsor, New York Yankees Partnership (“New York Yankees”) and MLB Entities the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online or any of Sponsor websites) the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, review or consent in connection with this Sweepstakes for public relations, advertising and promotional purposes as may be determined by Sponsor.

8. GENERAL: Sweepstakes is subject to the laws of the United States and of the State of New York without respect to conflict of law doctrines. In the event of a dispute as to the identity of an Entrant, the Entrant shall be deemed the authorized account holder of the social media account associated with the Submission. An Entrant may be required to show proof of being an authorized account holder. Sponsor reserves the right to disqualify any Entrant and/or Submission in its sole and absolute discretion. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted at the Website.

9. CONDUCT: By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final and binding in all respects. The Official Rules will be posted at pepsipromos.com/nitrosmooth (the “Website”) throughout the Sweepstakes Period. Any information collected shall be in accordance with the Pepsi-Cola Company’s Privacy policy available at http://www.pepsi.com/privacypolicy.php. Failure to comply with these Official Rules may result in disqualification. Sponsor and the MLB Entities reserve the right at their sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Sweepstakes; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, ELIGIBLE SOCIAL MEDIA PAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THE MLB ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

10. LIMITATIONS OF LIABILITY: Sponsor, Promotion Parties, New York Yankees Partnership (“New York Yankees”) and the other Released Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof, or; (e) any injury or damage to Entrant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Sweepstakes or download any materials in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Sponsor and the MLB Entities reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In the event of cancellation, a random drawing may be conducted to choose the winning Submission from all eligible Submissions received prior to cancellation.

11. WINNER’S LIST: For the names of the winners (available after May 1, 2022), send a self-addressed, stamped envelope to be received by May 30, 2022 to: 2022 PEPSI NITROSMOOTH YANKEES SWEEPSTAKES, c/o PSG, PO Box 941459, Maitland, FL 32794-1459.

12. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Rd, Purchase, NY, 10577.

13. ADMINISTRATOR: PSG, PO Box 941459, Maitland, FL 32794-1459.

Abbreviated Rules:
NO PURCHASE NECESSARY. Message and data rates may apply. To enter without texting, visit www.pepsipromos.com/nitrosmooth (the “Website”) and follow the instructions to submit an entry. Open to legal residents of the U.S. residing in NY, NJ, or CT who are 18 years or older at time of entry. Sweepstakes begins at 12:00 a.m. ET on 4/5/22 and ends at 11:59 p.m. ET on 4/29/22. Void where prohibited. Sponsor: Pepsi-Cola Company, 700 Anderson Hill Rd, Purchase, NY, 10577.

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2022 PEPSI NITROSMOOTH YANKEES SWEEPSTAKES

This sweepstakes has ended.

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