TERMS & CONDITIONS
Pepsi-Cola Company, a division of PepsiCo, Inc. (Pepsi-Cola) maintains this site ("the Site") for your personal entertainment, information, education and communication. Feel free to browse the Site, but please read these terms and conditions before doing so.
This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by PepsiCo, Inc. and used by Pepsi-Cola Company and its bottlers throughout the world (the "Trademarks").
Your access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions"). Pepsi-Cola may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Site.
Terms and Conditions
You should assume that all materials, designs, text and images (collectively, the "Materials") contained in the Site are either the copyrighted property of Pepsi-Cola Company, unless otherwise noted, or are the copyrighted property of third parties. Pepsi-Cola neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Pepsi-Cola.
You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video.
Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Pepsi-Cola and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
While Pepsi-Cola uses reasonable efforts to include accurate and up to date information in the Site, Pepsi-Cola makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.
Information in the Site is subject to change without notice. Information regarding Pepsi-Cola's products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. Pepsi-Cola makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
Use of and browsing in the Site is done at user's own risk. Neither Pepsi-Cola nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
From time to time, Pepsi-Cola may ask that you transmit to the Site by electronic mail your feedback on Pepsi-Cola's products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Pepsi-Cola, (b) become the property of Pepsi-Cola and Pepsi-Cola shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Pepsi-Cola or its bottlers, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Pepsi-Cola shall be under no obligation to respond to any such communication.
Notwithstanding the foregoing, Pepsi-Cola maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Submissions"), and therefore, you should not make any Submissions to Pepsi-Cola in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Pepsi-Cola and Pepsi-Cola shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Pepsi-Cola shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Pepsi-Cola shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Pepsi-Cola uses or activities.
The Trademarks displayed on the Site are registered and unregistered Trademarks of PepsiCo, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, Pepsi-Cola will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
This Site may link to other sites not maintained by or related to Pepsi-Cola. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Pepsi-Cola. Pepsi-Cola has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
In the event that Pepsi-Cola may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, Pepsi-Cola is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that would constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Pepsi-Cola will fully cooperate with any law enforcement authorities or court order requesting or directing Pepsi-Cola to disclose the identity of anyone posting any such information or materials.
Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Pepsi-Cola maintains and operates this Site from its offices in the state of New York, United States. These Terms and Conditions are governed and interpreted under the laws of the state of New York, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions set forth the entire understanding and agreement between you and Pepsi-Cola with respect to the Site. You acknowledge that any other agreements between you and Pepsi-Cola with respect to the Site are superseded and of no force or effect.
Pepsi Twitter NFL Can Sweepstakes Official Rules
NO PURCHASE NECESSARY. YOU MUST BE 18 YEARS OF AGE OR OLDER TO ENTER. SWEEPSTAKES SHALL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK. VOID WHERE PROHIBITED.
- PROMOTION: The Pepsi Twitter NFL Can Sweepstakes (the “Sweepstakes”) will be conducted at various times during the months of September, October, or November 2017 (the "Sweepstakes Period"). The computer clock of Twitter’s webmaster is the official timekeeping device of the Sweepstakes.
- REGISTRATION: You must be a registered Twitter user, follow the Pepsi brand Twitter handle (@Pepsi), and have your Twitter Account marked Public to participate. To be a follower, you must be a registered user on Twitter (a third party Web Site). If you do not have a Twitter account, follow the onscreen instructions to register for a free Twitter account at http://twitter.com. You will be asked to provide your first and last name and email address and to set up a user name and password. You may also be asked to answer optional questions; however, they need not be answered in order to be eligible for the drawing. YOU MUST REGISTER BY THE ABOVE REGISTRATION METHOD TO PARTICIPATE IN THIS SWEEPSTAKES.
- HOW TO ENTER: Limit one entry per person/email address/Twitter ID during the each Drawing period stated below: During the month of September, October, or November, the following NFL players [David Johnson/@DavidJohnson31, Devonta Freeman/@Devontafreeman, Joe Flacco/@TeamFlacco, Kyle Long/@KyleLong, Tyler Eifert/@Eifert85, Dak Prescott/@Dak, Chris Harris, Jr./@ChrisHarrisJr, Devante Adams/@tae15adams, Brian Cushing/@briancushing56, Jalen Ramsey/@jalenramsey, Travis Kelce/@tkelce, Aaron Donald/@AaronDonald97, Jarvis Landry/@God_Son80, Kyle Rudolph/@KyleRudolph, Anthony Barr/@AnthonyBarr, Danny Amendola/@DannyAmendola, Michael Thomas/@Cantguardmike, Sterling Shepard/@sterl_shep3, Antonio Brown/@AntonioBrown84, Carlos Hyde/@elguapo, Tyler Lockett/@TDLockett12, Gerald McCoy/@Geraldini93] (the “NFL Players”) may send one (1) tweet inviting participants to retweet their message for a chance to win a Pepsi/NFL Can signed by that NFL Player. The NFL Player tweet will have the end date/time to retweet. The copy of the tweet cannot be altered in any way in order to be considered eligible. Selection of date and timing of tweet is at the discretion of the NFL Player.
- ELIGIBILITY: You must be 18 years of age or older, a legal resident of the U.S. residing in one of the fifty (50) United States or the District of Columbia, have a Twitter account marked Public and follow @Pepsi. Employees of PepsiCo, Inc., Pepsi-Cola Company and its bottlers, the NFL Entities (defined below) and each of their respective parent companies, subsidiaries, affiliates, divisions, distributors, suppliers, printers, distributors and advertising, promotional and judging agencies and the immediate family members (parent, child, sibling, spouse) and persons living in the same household as such employees (whether related or not) are not eligible to participate.
- PRIZE: One (1) Prize consisting of one (1) PEPSI/NFL CAN signed by the NFL Player who sent the Twitter message will be awarded. The Pepsi/NFL Can will be encased in a lucite or acrylic cube and the product is not for consumption. ERV $105.
- DRAWING: Potential winners will be selected in a random drawing from among all entries received between time of tweet and end date stated in the NFL Player tweet. Drawings will be conducted by Sponsor whose decisions are final and binding. Odds of winning depend upon the total number of eligible entries received before the drawing deadlines stated in the NFL Player Tweet.
- GENERAL: Sweepstakes is subject to the laws of the United States only. Prizes will only be awarded and delivered to addresses within the 50 United States or D.C. Except as determined by Sponsor in its sole discretion, no substitution of prize is offered, no transfer of prize to a third party is permitted, and prizes may not be redeemed for cash value. Normal Internet access and usage charges imposed by your Internet service provider will apply. Standard text messaging rates apply if you opt-in to receive Tweets via a cellular phone. Any difference between stated approximate value of prize and actual value of prize will not be awarded. Prize winner will be solely responsible for all federal, state and local taxes on prize: if applicable, winner may receive an IRS Form 1099 for tax for the value of the prize. All other expenses on the receipt and use of a prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of prize not accepted by winner will be forfeited. The name of the person submitting the email address upon registration must be the authorized account holder of such email address, otherwise, entry may be deemed void. In the event of dispute over the identity of the potential winner, an entry will be declared made by the authorized account holder of the email address submitted at the time of registration, and the potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or postal address during the Sweepstakes Period. All entries become the property of Sponsor and will not be returned to entrant. Each entry submission must be manually keystroked and manually entered by the individual entrant.
- 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. These Official Rules are accessible from the bit.ly link in the Twitter message. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Sweepstakes or the; 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 OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATIONS OF LIABILITY: Sponsor and the NFL Entities (the “Released Parties”) assume no responsibility or liability for (a) any incorrect or inaccurate registration or 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 any combination thereof, or; (e) any injury or damage to participant’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 reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In the event of cancellation, a random drawing will be conducted to award the Grand Prizes from all eligible entries received prior to cancellation. Participant irrevocably waives all claims against the National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures L.P., NFL Properties LLC, NFL Enterprises LLC, NFL Players Association, NFL Players Incorporated and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) and agrees that the NFL Entities will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or the prizes awarded. The NFL Entities have not offered or sponsored this Sweepstakes in any way. Sponsor makes no representations or warranties of any kind concerning the appearance, performance or safety of any prize awarded.
- WINNER NOTIFICATION:Potential Winners will be contacted by Sponsor via direct message at the Twitter Account and will have forty-eight (48) hours to respond to the direct message. Prizes will be shipped to the postal address provided by Potential Winner. Potential winners may be required to sign and return to Sponsor an Affidavit of Eligibility/Liability Release with (where lawful) a publicity release for receipt by Sponsor by the due date indicated in the notification letter. Noncompliance within this time period will result in disqualification and another winner selected in the place of the disqualified person at random from all eligible entries received. Prize notification returned as non-deliverable will result in disqualification and an alternate winner may be selected. If the direct message to the potential winner is not responded to within 48 hours of if any required documents sent to the potential winner are not returned by the date specified in the notification letter, if any mail is returned as undeliverable without a forwarding address or if the winner is unable to attend on the date specified, then prize may be forfeited and an alternate winner may be selected at Sponsor’s discretion.
- WINNER RELEASES: All entrants, as a condition of entry into the Sweepstakes, agree to release Sponsor, its bottlers, and each of their respective parents, subsidiaries, affiliates, divisions, distributors, suppliers, printers, distributors and advertising, promotional or judging agencies, 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 Twitter, the or the Sweepstakes page; submitting an entry or otherwise participating in any aspect of the Sweepstakes; the receipt, ownership or use of any prize awarded; preparing for, participating in or traveling to and/or from any prize-related activity, or; any typographical or other error in these Official Rules or the announcement of offering of any prize. Except for residents of TN and where prohibited by law, winner grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the) 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.
- WINNERS’ LIST: For the names of the winners, please send a self-addressed envelope to “Pepsi NFL Beauty Cans” Winners List Request, 10 South 5th Street, 7th Floor, Dept. JSR, Minneapolis, MN 55402
- SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.
National Football League Players Incorporated, PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc.