PEPSI® ICONIC SUMMER MOMENTS SWEEPSTAKES
BEFORE YOU ENTER, READ THE OFFICIAL RULES BELOW. YOU MUST AGREE TO THESE OFFICIAL RULES BY CLICKING THE CHECKBOX WHERE INDICATED WHEN ENTERING THE SWEEPSTAKES.
1. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES RESIDING IN ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE (19 in AL or NE) OR OLDER AT THE TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED BY LAW. SEE BELOW FOR ADDITIONAL ELIGIBILITY RESTRICTIONS .
2. ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT OF THE U.S. RESIDING IN THE 50 UNITED STATES OR D.C. THROUGHOUT THE SWEEPSTAKES PERIOD AND 18 YEARS OF AGE OR OLDER (19 in AL and NE) AT THE TIME OF ENTRY TO BE ELIGIBLE TO WIN. 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. Employees of Pepsi-Cola Company and its bottlers, Clear Channel Broadcasting, Inc., Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., MLB Advanced Media, L.P., MLB Media Holdings, Inc., MLB Media Holdings, L.P., MLB Online Services, Inc., the Office of the Commissioner of Baseball, and the Major League Baseball Clubs, and each of their respective owners, general and limited partners, shareholders, employees, parents, directors, officers, affiliates, representatives, agents, successors, and assigns (collectively hereinafter, "MLB Entities"), and all of their respective parents, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies (collectively, "Sponsor and Promotion Parties") and the immediate family members of each, are not eligible to participate or win.
3. HOW TO PARTICIPATE IN THE SWEEPSTAKES : To enter the Sweepstakes go to www.pepsi.com/iconicsummermoments ("Website") and follow the directions on that site to register and/or submit a photo showing how you celebrate and embrace the Summer.
4. SWEEPSTAKES PERIOD: You may enter the Sweepstakes between 12:00:01 a.m. ET May 26, 2013 and 11:59:59 p.m. ET August 31, 2013 ("Sweepstakes Period"). Valid entries submitted between 12:00:01 a.m. ET May 26, 2013 and 11:59:59 p.m. ET June 28, 2013 will be eligible for the All-Star Game Grand Prize Drawing (as defined in Rule 6, below); valid entries submitted between 12:00:01 a.m. ET June 29, 2013 and 11:59:59 p.m. ET August 31, 2013 will be eligible for the iHeart Radio Grand Prize Drawing (as defined in Rule 6, below). Follow the on-screen instructions and enter a complete, valid name, e-mail address, primary phone number and the option to also upload at least (1) photo. You can enter up to ten (10) photos per day. The Website database clock will be the official timekeeper for this Sweepstakes.
One (1) All-Star Game Grand Prize will be awarded, consisting of two (2) tickets for winner and one (1) guest to attend The 2013 Major League Baseball All-Star Game scheduled to take place at Citi Field in Queens, New York on July 16, 2013. Grand Prize also includes round-trip coach air transportation for winner and guest from an airport nearest the winner's home within the U.S. to New York City, one (1) double occupancy standard hotel room for three (3) nights, and $200 in spending money. Selection of hotel and event seating assignments are at Sponsor's sole discretion. All expenses not outlined herein, including but not limited to travel, gratuities and meals, are solely the responsibility of winner and his or her guests. Estimated retail value of Grand Prize Trip: $4,600. Selection of airline, hotel, and event seating assignments are at Sponsor's sole discretion. Winner who lives within 200 miles of New York City will be provided ground transportation in lieu of air transportation. Game dates and times determined in the sole discretion of the Office of the Commissioner of Baseball and/or Major League Baseball Properties, Inc., as applicable, and are subject to change. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled games. The terms and conditions of the tickets awarded as prizes will govern in the event a legal game, exhibition or event, as defined by Major League Baseball, is not played due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Prize Winner agrees to comply with all applicable stadium regulations in connection with the Prize. Sponsor and the applicable MLB Entities (defined below) reserve the right to remove or to deny entry to winner and/or guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, exhibition or event.
One (1) iHeart Radio Grand Prize will be awarded, consisting of two (2) tickets for winner and one (1) guest to attend the iHeart Radio Music Festival scheduled to take place in Las Vegas, Nevada on September 20-21, 2013. Grand Prize also includes round-trip coach air transportation for winner and guest from an airport nearest the winner's home within the U.S. to Las Vegas, Nevada, one (1) double occupancy standard hotel room for two (2) nights, and $200 in spending money. Selection of hotel and event seating assignments are at Sponsor's sole discretion. All expenses not outlined herein, including but not limited to travel, gratuities and meals, are solely the responsibility of winner and his or her guests. Estimated retail value of Grand Prize Trip: $4,000. Selection of airline, hotel, and event seating assignments are at Sponsor's sole discretion. Winner who lives within 200 miles of Las Vegas, Nevada will be provided ground transportation in lieu of air transportation.
Grand Prize General Terms: Minor child may accompany winner as guest only if minor's parent or legal guardian is the winner. Minor must be accompanied at all times during the event by minor's parent or legal guardian. Sponsor and Promotion Parties assume no responsibility for cancelled, delayed, suspended or rescheduled events (including MLB Games or the iHeart Radio Music Festival and/or airline flights) beyond its control. Limit 1 prize per household.
a) All-Star Game Grand Prize Drawing: All-Star Game Grand Prize Winner will be selected in a random drawing from among all eligible entries received between 12:00:01 a.m. ET May 26, 2013 and 11:59:59 p.m. ET June 28, 2013. All-Star Game Grand Prize Drawing will be conducted on or about July 1, 2013 by an independent judging organization whose decisions shall be final. Odds of winning depend upon the number of eligible entries received.
b) iHeart Radio Grand Prize Drawing : iHeart Radio Grand Prize Winner will be selected in a random drawing from among all eligible entries received between 12:00:01 a.m. ET June 29, 2013 and 11:59:59 p.m. ET August 31, 2013. iHeart Radio Grand Prize Drawing will be conducted on or about September 3, 2013 by an independent judging organization whose decisions shall be final. Odds of winning depend upon the number of eligible entries received.
8. TECHNICAL REQUIREMENTS
A photo must be submitted - the photo file must have a minimum resolution of 640x480 and will be accepted in the following formats: bmp, png, jpg, tiff, gif, bmp, tga
· All entries must be received by 11:59:59 p.m. ET on the dates indicated in Rules 2 & 6, above, to be eligible for the Drawings
· Submission should be of you only. No third parties or animals are permitted.
· Once uploaded, Submission will not be returned. SPONSOR may, in their sole discretion, remove, delete and/or forfeit any Submission they deem inappropriate or otherwise non-compliant.
· The person registering for the Sweepstakes and uploading the Submission will be deemed the entrant ("Entrant").
· Submission cannot be uploaded more than one (1) time throughout the Sweepstakes Period.
· Each Submission must be the original work of the Entrant; it may not have won a previous promotion or an award; it must not infringe any third party's intellectual property or other rights; it must be suitable for display and publication on national television (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 network standards.
· Each Submission must not feature or reference any commercial products and/or company trademarks, logos, brands or endorsements (including third party logos on street scenes, panoramic views, vehicle license plates, clothing such as t-shirts, hats, etc.) except that Submission may contain SPONSOR's logos.
· Each Submission must not contain any copyrighted works.
· If SPONSOR, at any time during the Sweepstakes Period, receives a complaint, (including but not limited to a cease and desist letter, general letter of complaint, etc.), alleging intellectual property infringement in a Submission, SPONSOR reserves the right to remove such Submission at any point in the Sweepstakes Period, without prior notice.
All Submissions will be reviewed for content before being posted anywhere; however, such review does not relieve Entrant from responsibility for compliance with these Official Rules. Submissions that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by the SPONSOR, in their sole discretion, will be disqualified and will not be considered for prizes. SPONSOR makes the final determination as to which Submissions are eligible to take part in this Sweepstakes. From time to time during the Sweepstakes Period, SPONSOR may, in its sole and absolute discretion, choose to feature certain Submissions on the Website and/or in advertising materials. Being featured on the Website and/or in advertising materials in no way impacts the likelihood of success of the Entrant becoming a winner nor does the inclusion of the Submission on the Website and/or in advertising materials indicate that SPONSOR deems the Submission to be a good example of an acceptable Submission, nor does it indicate SPONSOR's preference for the Submission.
9. GENERAL CONDITIONS: Prize Winners will be notified by phone, e-mail and/or mail at the phone number, e-mail address and/or address provided on their registration and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within two (2) days of its receipt or prize will be forfeited. If the required Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release is returned as undeliverable to any Prize Winner (as defined above) without a forwarding address, then the prize will be forfeited. Entrant agrees that the SPONSOR has the sole right to decide all matters and disputes arising in this Sweepstakes and that all decisions of SPONSOR are final and binding. By acceptance of any prize in this Sweepstakes, Entrant agrees to release, indemnify and hold harmless SPONSOR and Promotion Parties, as well as each of their respective parent and affiliated companies, and each of their employees, representatives, contractors, advertisers from any and all liability, loss, damage, cost or claim relate to any allegation regarding the acceptance or use of their prize, including but not limited to the airing of the commercial Submission. If the actual, alleged or publicized conduct of any Grand Prize winner is illegal or, if any Grand Prize winner has been charged with or convicted of a crime, or in SPONSOR's sole discretion is otherwise grossly offensive or violates generally accepted standards of behavior (including, but not limited to, illicit drug use or public intoxication) or otherwise leads the SPONSOR to believe or conclude that the public association with the Prize Winner subjects SPONSOR to ridicule, contempt, controversy, embarrassment or scandal, SPONSOR in its sole discretion may disqualify Prize Winner and the Prize Winner will no longer be eligible for a prize in this Sweepstakes. All Entrants must have a valid registration on the Website and e-mail address. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, SPONSOR reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Sweepstakes is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, SPONSOR reserve the right, at their sole discretion to cancel, modify or terminate the Sweepstakes. Further, SPONSOR reserve the right, at their sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process, the voting process or the operation of the Sweepstakes or any SPONSOR website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. SPONSOR reserve the right to require a potential Prize Winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Sweepstakes will not bring SPONSOR into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes as determined by SPONSOR in their sole discretion. This Sweepstakes is governed by the laws of the state of New York, without regard to the conflict of laws principles. All claims relating in any manner to this Sweepstakes or to any Submission must be resolved in the federal or state courts located in New York.
10 . GRANT OF RIGHTS TO SPONSOR: By submitting a Submission, Entrant hereby agrees that:
a. In consideration of entering a Submission in the Sweepstakes, Entrant on behalf of themselves, their heirs, executor, administrator and assigns, hereby assign to SPONSOR all rights, interest and goodwill in the Submission, including an irrevocable grant to SPONSOR of the exclusive, perpetual, royalty-free, worldwide license and right to broadcast, exhibit and/or otherwise use the Submission and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised, including but not limited to the possible use of the Submission by SPONSOR in advertising. All Submissions, upon submission, become the property of SPONSOR, and each of their successors, assigns and licensees. SPONSOR will have the exclusive right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses and make any edits or modifications to Submission. Without limiting the forgoing, SPONSOR will have the right to use the Submission in any merchandising, advertising, marketing, promotional or for any other commercial or non-commercial purpose. Entrant forever waives and relinquishes on behalf of themselves, their heirs, executor, and administrator and assigns any and all rights, including but not limited to goodwill, in and to the Submission. Entrant also irrevocably grants SPONSOR the right to use their name, voice, likeness and biographical material in or related to the Submission. Entrant agrees not to issue any publicity on behalf of or in connection with SPONSOR, their Submission and/or their participation in this Sweepstakes.
b. Entrant acknowledges that they have no right of approval or consultation with respect to SPONSOR's use of the Submission. SPONSOR will not be responsible for the return or preservation of the Submission. SPONSOR shall use their sole discretion in determining the extent and manner of the use of the Submission and SPONSOR are not obligated in any way to use or exploit the same or any rights granted by Entrant, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on SPONSOR' website. Entrant further agrees that the Submission is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created. Entrant further acknowledges and agrees that by entering their Submission, they warrant that the Submission is their original work.
c. Entrant acknowledges that, upon entering their Submission, SPONSOR own and control all rights, including but not limited to the copyright, intellectual property, goodwill in and to their Submission and hereby irrevocably grants to SPONSOR the unconditional and perpetual right and permission to trademark, copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant's name, address, image, voice, likeness, statements, biographical material and Submission, including, but not limited to, advertising, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Entrant and arising out of his/her participation in this Sweepstakes (with or without using the Entrant's name) (collectively, the "Additional Materials") in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Entrant or any other party.
11 . TERMS OF SUBMISSION: As conditions of entry into this Sweepstakes and by uploading a Submission, each Entrant represents and warrants that:
a. their entire Submission: (i) is wholly original; (ii) has been created solely by the Entrant listed in Submission on the Website; (iii) has been legally obtained and/or created; (iv) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards; (v) they have not granted or transferred any rights in or to the Submission to any third party prior to the date of Submission; and (vi) Entrant has not done anything which has impaired and will not do anything to impair the rights granted to SPONSOR in any way.
b. if their Submission is selected in the random draw (see Rule 4 above) to be a Grand Prize Winner, Entrant, will complete, sign and return within two (2) days the Release Form in which the Entrant will reaffirm that the Submission is, among other things, a "work for hire" and will irrevocably assign and transfer to the SPONSOR any and all rights, title, goodwill and interest in and to the Submission, including without limitation, all copyrights, trademarks and waive all moral rights in such Submission. If any Release is returned as undeliverable without a forwarding address, then the Submission will be ineligible for further review or consideration by SPONSOR.
c. By entering a Submission, Entrant agrees to indemnify and hold harmless SPONSOR, the Judges, the Promotion Parties and each of their respective parents, subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees costs) which arise out of any breach of any of their Submission, covenants, agreements, obligations, representations or warranties set forth herein.
12. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by SPONSOR or Promotion Parties resulting from any user's participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with participating in the Sweepstakes. No responsibility or liability is assumed by SPONSOR or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Sweepstakes. SPONSOR and Promotion Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of Website is at user's own risk. SPONSOR and the Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Sweepstakes, use of the Website or the download of any information from the Website. By participating in the Sweepstakes, the Grand Prize Winner releases SPONSOR, Promotion Parties from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Sweepstakes. By accepting a prize in the Sweepstakes, winner agrees that the SPONSOR and Promotion Parties shall not be liable for any loss or injury resulting from participation in the Sweepstakes, acceptance or use of any prize, or any travel related thereto.
13. WINNERS' LIST: For the names of the major prize winners, please send a SASE postmarked by October 7, 2013 to: Pepsi Iconic Summer Moments Winner's List, PO Box 3000, Dept 890-709, Young America, MN 55558-3000.
14. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY 10577.
PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc. Major League Baseball trademarks and copyrights used with permission of Major League Baseball Properties, Inc. Sweepstakes not produced or executed by any MLB Entity. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball Properties, Inc. Visit MLB.com.