Pepsi Super Bowl Halftime Show Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. Eligibility The Pepsi Super Bowl Halftime Show Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States or the District of Colombia who are 18 years of age (19 in AL or NE) or older at time of entry. Void where prohibited by law. Employees of Pepsi-Cola Company, its bottlers, and Track Marketing Group, LLC, or any of their respective parents, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. 2. Sponsor and Administrator Sponsor: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604. Administrator: Track Marketing Group, LLC, 115 W. 30th Street Suite 405, New York, NY 10001. 3. Sweepstakes Entry Period The Sweepstakes begins on December 18, 2017 at 8:00:00AM Eastern Time (“ET”) and ends on December 20, 2017 at 11:59:00PM ET (the “Sweepstakes Entry Period”). Administrator’s computer is the official timekeeping device for the Sweepstakes. 4. How to Enter During any Sweepstakes Entry Period, log in to or create your free Twitter account at www.twitter.com. Then, follow @Pepsi and retweet the Justin Timberlake (@jtimberlake) Pepsi Super Bowl Halftime Show Sweepstakes Tweet along with both #PepsiHalftimeLive and #Sweepstakes hashtags. You will then automatically receive one (1) entry into the Sweepstakes. Twitter's terms (https://twitter.com/tos) apply. In order for your entry to be valid, your Twitter account must be public and thus viewable by the Sponsor and its agents throughout the Sweepstakes Entry Period. Sponsor reserves the right to disqualify any entry that it finds unlawful, or in violation of these Official Rules, all in its sole discretion. Released Parties (as defined below) are not responsible for late, incomplete, invalid, garbled, delayed or misdirected Tweets, all of which will be void. Limit: You may enter one (1) time per day during the Sweepstakes Entry Period. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address associated with the Twitter account used to enter will be deemed to be the entrant. Each potential winner may be required to show proof of being the authorized account holder. You must have your Twitter profile settings as PUBLIC (not protected) to enter your Submission. To participate in the Sweepstakes, if you do not already have a Twitter account, download the free Twitter application from your mobile device’s app store (compatible with iPhone, iPod touch, iPad and Android) and create an account as
instructed. Getting a Twitter account is free. Submission must comply with Twitter’s Terms of Service, which can be found at https://twitter.com. Limit of one entry per person per day and per Twitter account during the Sweepstakes Entry Period. Use of multiple Twitter accounts to enter by the same individual is prohibited and may result in disqualification. Use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. By entering this Sweepstakes, entrants agree to these Official Rules and the decisions of the Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes. 5. Sweepstakes Winner Selections On or about December 21, 2017, Administrator will select twenty (20) Potential Sweepstakes Winners in a random drawing of all valid entries received. Odds of winning depend on the number of eligible entries received during the Sweepstakes Entry Period. POTENTIAL WINNERS WILL BE NOTIFIED BY DIRECT MESSAGE ON TWITTER FROM @PEPSI AND WILL BE REQUIRED TO RESPOND WITHIN 48 HOURS OF NOTIFICATION. Potential winners must follow the initial prize claim instructions and any subsequent claim instructions, or the prize will be forfeited in its entirety. Sponsor’s decision as to the administration and operation of the Sweepstakes and the selection of the potential winners is final and binding in all matters related to the Sweepstakes. Limit of one (1) prize per person. 6. POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. 7. Verification of Potential Sweepstakes Winners Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners may be required to sign and return to Administrator, within five (5) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. 8. Grand Prizes Twenty (20) grand prizes will be awarded. Each grand prize winner will receive a trip for two (2) people (winner and one (1) guest) to Minneapolis, MN to attend the Pepsi Super Bowl Half Time Show on Sunday, February 4, 2018 (the "Trip"). Trip includes round-trip coach class air transportation for winner and one (1) guest from an airport nearest winner's residence, departing on February 2, 2018 and returning to winner’s home on February 5, 2018, one (1) double occupancy standard hotel room for three (3) nights, round trip ground transportation to/from: Minneapolis airport, hotel, and halftime show, two (2) passes for sideline viewing of the Pepsi Halftime Show and $300 spending cash. Trip package included (2) Pepsi Super Bowl Half Time Show sideline passes and does not include tickets to the Super Bowl game and no ability to attend or watch the Game will be provided. Travel and accommodations subject to availability; certain restrictions and blackout dates may apply. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, baggage fees, personal charges at lodging, security fees, taxes or other expenses or incidentals are the responsibility solely of winner. Travel companions must be 18 years of age (19 in AL or NE) or older as of the date of departure. Winner and guest must travel on the same itinerary, on the dates specified above. No alternative dates or compensation is available. Travel companion will be required to sign a
release before going on the trip. Any picture identification requirements associated with air travel are the winner and travel guest’s responsibility. Grand Prize winners are responsible for checking with their local carrier for any revised travel document requests which may have been imposed in the New Year. No warranty or guarantee will be given by Sponsor with respect to the prize. Any and all guarantees and warranties are subject to the manufacturers or service provider’s terms and conditions, and the winner agrees to look solely to such entity for any such warranty or guarantee claim. Prize is non-transferable. No substitution, cash redemption, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. If the date or location for the scheduled activity is changed the trip that is stated in these rules can change. All federal, state and local taxes, if any, related to a prize are the responsibility of the individual winner. Any and all guarantees and warranties are subject to the manufacturers or service provider’s terms and conditions, and the winner agrees to look solely to such entity for any such warranty or guarantee claim. Taxes, meals, gratuities, travel upgrades, or any other expenses not specifically listed herein are the sole responsibility of winner. If Grand Prize winner resides within 100 miles of Minneapolis, MN, ground transportation may be substituted in lieu of air transportation in Sponsor’s sole discretion. All airports, airlines, hotel and ground transportation are to be selected by Sponsor at its sole discretion. All potential Grand Prize winners and their travel guest will be subject to background checks administered by the NFL and is subject to NFL’s sole discretion on whether the Grand Prize winner or travel guest will be granted access to the Half Time Show. If either the Grand Prize winner or their travel guest do not pass the NFL background checks, the Grand Prize winner will forfeit their prize and Sponsor shall have no further liability or obligation to the winner or their travel guest. The Approximate Retail Value (“ARV”) of each Grand Prize is Five Thousand Dollars ($5,000). The ARV of all Grand Prizes is One Hundred Thousand Dollars ($100,000). 9. Entry Conditions and Release By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and Administrator which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sponsor, its bottlers, Administrator, and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize. 10. Publicity Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor and its agents use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. 11. General Conditions
Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor or Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in their sole discretion. Sponsor or Administrator reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 12. Limitations of Liability The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. 13. Disputes Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the South District of New York or the appropriate New York State Court located in Westchester County, New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. 14. Privacy Except as noted in these Official Rules, information collected for this Sweepstakes is used only for the purpose of Sweepstakes administration and winner notification and will not be re-used, sold or shared in any manner by the Promotion Parties or any third parties unless you have elected to receive additional information or promotional material from the Sponsor, or a third party. By participating in the Promotion, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at http://www.pepsico.com/legal/privacypolicy. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.
15. Winners List For the Winners List, email your request to
[email protected]. Requests for the winner list must be received by February 15, 2018. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THIS EMAIL ADDRESS. 16. The NFL Entities The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees (collectively, the "NFL Entities") will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this Sweepstakes in any way. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter.
