Official Rules
Updated 7/10/2023
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. INTERNET ACCESS REQUIRED. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN ND, SD, NE, KS, OK, TX, MN, IA, IN, MO, MI, WI, & IL. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR YOU ARE NOT LOCATED IN ND, SD, NE, KS, OK, TX, MN, IA, IN, MO, MI, WI, OR IL AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
- ELIGIBILITY: Open to legal residents of ND, SD, NE, KS, OK, TX, MI, MN, IA, IN, MO, WI, IL who are at least eighteen (18) years of age in their state of residence (or nineteen (19) years of age in NE) at the time of entry. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Pepsi-Cola Company (“Sponsor”), and its bottlers and each of their respective parents, subsidiaries and affiliated companies, and the prize suppliers, web design, advertising, fulfillment, legal, judging, administrative, and agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (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).
- SWEEPSTAKES PERIOD: The Sweepstakes period begins 12:00:01 p.m. Eastern Time (“ET”) on Monday, May 1, 2023, and ends at 11:59:59 p.m. ET on Wednesday, November 22, 2023 (the “Sweepstakes Period”). The website server is the official clock for this Sweepstakes. The Sweepstakes Period will be divided into three pulses (each, a “Pulse”), with each Pulse further divided into multiple weekly entry periods (each, a “Weekly Entry Period”).
- PULSE DATES: Grand Prize Drawing dates differ. See Grand Prize Entry/Drawing below in #5
Pulse 1 (Fishing) Begins 12:00:01 p.m. Eastern Time (“ET”) on Monday, May 1, 2023, and ends at 11:59:59 p.m. ET on Friday, July 7, 2023.
Pulse 2 (Lake Life) Begins 12:00:01 p.m. Eastern Time (“ET”) on Monday, July 10, 2023, and ends at 11:59:59 p.m. ET on Sunday, September 10, 2023.
Pulse 3 (Outdoors) Begins 12:00:01 p.m. Eastern Time (“ET”) on Monday, October 2, 2023, and ends at 11:59:59 p.m. ET on Wednesday, November 22, 2023. -
HOW TO ENTER THE SWEEPSTAKES: Scan the QR code located on select Mountain Dew point of sale materials or go online to www.DEWventure.com (the “Sweepstakes Website”) during the Sweepstakes Period and follow the on-screen directions to complete and submit the online registration form. PO Boxes are not accepted. After your initial registration is completed, you will only need to login with your email and password each subsequent time you visit the Sweepstakes Website to enter.
During weeks 1 through 4 of each Pulse, you will be asked to vote for your ideal DEW® Venture to receive one (1) entry into the applicable Weekly Entry Period drawing (as further outlined in the chart below), (an “Entry”) and one (1) entry into the applicable Grand Prize drawing. The DEW Venture you vote for will not increase or decrease your chances of winning a prize.
During weeks 5 through 10 of Pulse 1, weeks 5 through 9 of Pulse 2, and weeks 5 through 8 of Pulse 3, upon log-in you will be prompted with a submit button which you must click to receive one (1) Entry into the applicable Weekly Entry Period drawing. There are no Grand Prize entries/drawings during weeks 5 through 10 of Pulse 1, weeks 5 through 9 of Pulse 2 and weeks 5 through 8 of Pulse 3.
Limit of one (1) Entry and one (1) Grand Prize drawing entry (where applicable) per person using only one (1) email address per day. Only one (1) email address may be used per person to participate in the Sweepstakes. A “day” is defined as a twenty-four (24) hour time period beginning at 12:00:01 a.m. (midnight) ET and ending at 11:59:59 p.m. ET, except the first day of the Sweepstakes Period which will be defined as beginning 12:00:01 p.m. (noon) ET and ending 11:59:59 p.m. ET of the same day and the last day of the Sweepstakes Period which will be defined as beginning 12:00:00 a.m. ET and ending 11:59:59 a.m. ET.
Social Media Grand Prize Bonus Entry:
During a Pulse, to receive one (1) additional entry into the applicable Grand Prize drawing, log into your Instagram account (or create a free account at www.instagram.com if you do not already have one). Your Instagram account must be set to public. Then, post one (1) photo in-feed showing how you like to enjoy the outdoors and include the hashtags #GetOutAndDo and #Sweepstakes in the caption of your post. Limit of one (1) additional Grand Prize drawing entry per Pulse. Additional Grand Prize drawing entries must be posted prior to the end date of a Grand Prize Entry Period (per the chart below) to be considered. Photo must not include any unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message.
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DRAWINGS AND ODDS OF WINNING:
Weekly Entry Period Prize Drawings: Weekly Entry Period prize winners will be randomly selected in drawings from all eligible entries received for the corresponding Weekly Entry Period on or about the Drawing Dates outlined in the chart below. Non-winning entries from one Weekly Entry Period or Grand Prize drawing will not be carried over into subsequent Weekly Entry Period or Grand Prize drawings, if any.
Pulse 1 (Fishing) Weekly Entry Period Winners Drawn Drawing Date Week 1 May 1 at 12:00 p.m. ET – May 7 at 11:59 p.m. ET 62 May 8, 2023 Week 2 May 8 12:00 a.m. ET – May 14 at 11:59 p.m. ET 62 May 15, 2023 Week 3 May 15 12:00 a.m. ET – May 21 at 11:59 p.m. ET 62 May 22, 2023 Week 4 May 22 12:00 a.m. ET – May 28 at 11:59 p.m. ET 62 May 30, 2023 Week 5 May 29 12:00 a.m. ET – June 4 at 11:59 p.m. ET 62 June 5, 2023 Week 6 June 5 12:00 a.m. ET – June 11 at 11:59 p.m. ET 62 June 12, 2023 Week 7 June 12 12:00 a.m. ET – June 18 at 11:59 p.m. ET 62 June 19, 2023 Week 8 June 19 12:00 a.m. ET – June 25 at 11:59 p.m. ET 62 June 26, 2023 Week 9 June 26 12:00 a.m. ET – July 2 at 11:59 p.m. ET 62 July 3, 2023 Week 10 July 3 12:00 a.m. ET – July 7 at 11:59 p.m. ET 61 July 10, 2023 Pulse 2 (Lake Life) Weekly Entry Period Winners Drawn Drawing Date Week 1 July 10 at 12:00 p.m. ET – July 16 at 11:59 p.m. ET 62 July 17, 2023 Week 2 July 17 12:00 a.m. ET – July 23 at 11:59 p.m. ET 62 July 24, 2023 Week 3 July 24 12:00 a.m. ET – July 30 at 11:59 p.m. ET 62 July 31, 2023 Week 4 July 31 12:00 a.m. ET – August 6 at 11:59 p.m. ET 62 August 7, 2023 Week 5 August 7 12:00 a.m. ET – August 13 at 11:59 p.m. ET 62 August 14, 2023 Week 6 August 14 12:00 a.m. ET – August 20 at 11:59 p.m. ET 61 August 21, 2023 Week 7 August 21 12:00 a.m. ET – August 27 at 11:59 p.m. ET 61 August 28, 2023 Week 8 August 28 12:00 a.m. ET – September 3 at 11:59 p.m. ET 61 September 5, 2023 Week 9 September 4 12:00 a.m. ET – September 10 at 11:59p.m. ET 61 September 11, 2023 Pulse 3 (Outdoors) Weekly Entry Period Winners Drawn Drawing Date Week 1 October 2 at 12:00 p.m. ET – October 8 at 11:59 p.m. ET 74 October 9, 2023 Week 2 October 9 12:00 a.m. ET – October 15 at 11:59 p.m. ET 74 October 16, 2023 Week 3 October 16 12:00 a.m. ET – October 22 at 11:59 p.m. ET 74 October 23, 2023 Week 4 October 23 12:00 a.m. ET – October 29 at 11:59 p.m. ET 73 October 30, 2023 Week 5 October 30 12:00 a.m. ET – November 5 at 11:59 p.m. ET 73 November 6, 2023 Week 6 November 6 12:00 a.m. ET – November 12 at 11:59 p.m. ET 73 November 13, 2023 Week 7 November 13 12:00 a.m. ET – November 19 at 11:59 p.m. ET 73 November 20, 2023 Week 8 November 20 12:00 a.m. ET – November 22 at 11:59 p.m. ET 61 November 27, 2023 Grand Prize Entry/Drawings
Grand Prize Entry Period Winners Drawn Drawing Date Pulse 1 (Fishing) May 1 at 12:00 p.m. ET – May 28 at 11:59 p.m. ET 1 May 30, 2023 Pulse 2 (Lake Life) July 10 at 12:00 p.m. ET – August 6 at 11:59 p.m. ET 1 August 7, 2023 Pulse 3 (Outdoors) October 2 at 12:00 p.m. ET – October 29 at 11:59 p.m. ET 1 October 30, 2023 Drawings will be conducted by an independent judging organization/a Sponsor representative, whose decisions shall be final and binding on all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible entries received for each drawing.
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PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”):
Pulse 1 (Fishing)
Quantity of prizes available Prize Description Prize ARV Avg Prize quantity per Weekly Drawing Three-hundred sixty-six (366) DICK'S Sporting Goods® Digital Gift Card ARV: $30.00 Thirty-One (31) One hundred (100) LEGACY® MTN DEW® Badge Cap or ENGEL® MTN DEW® Vacuum Insulated Drinkware – 25oz. Stainless Steel Bottle ARV: $28.99 Eight (8) Ninety-two (92) DICK'S Sporting Goods® Digital Gift Card ARV: $65.00 Eight (8) Thirty-one (31) PLANO® MTN DEW® Weekend SeriesTM Tackle Case & MTN DEW® Ripple Rod Sleeve or MTN DEW® Mesh Camp Chair & ENGEL® MTN DEW® Vacuum Insulated Drinkware – 22oz. Stainless Steel Tumbler ARV: $62.98 Three (3) Twenty-five (25) DICK'S Sporting Goods® Digital Gift Card ARV: $200.00 Two (2) Five (5) CARHARTT® MTN DEW® Foundry Series Backpack & CARHARTT® MTN DEW® Foundry Series 20” Duffel or ENGEL® MTN DEW® Roll Top Expedition Grade Backpack Cooler ARV: $199.99 N/A Pulse 2 (Lake Life)
Quantity of prizes available Prize Description Prize ARV Avg Prize quantity per Weekly Drawing Three-hundred thirty-three (333) DICK'S Sporting Goods® Digital Gift Card ARV: $30.00 Thirty-seven (37) One hundred (100) MTN DEW® Frisbee® 11” Disc & MTN DEW® THE PARTY CUP® Double Wall Insulated Plastic Cups (qty. 4) or MTN DEW® Hammock w/ Carry Bag ARV: $29.99 Eleven (11) Seventy-six (76) DICK'S Sporting Goods® Digital Gift Card ARV: $65.00 Eight (8) Twenty-three (23) MTN DEW® Beach Towel, Cotton or MTN DEW® The Zen Master Beach Chair ARV: $64.99 Three (3) Nineteen (19) DICK'S Sporting Goods® Digital Gift Card ARV: $200.00 Two (2) Three (3) Solo Stove® Mesa XL or Costa del Mar® Paunch XL Sunglasses ARV: $199.99 N/A Pulse 3 (Outdoors)
Quantity of prizes available Prize Description Prize ARV Avg Prize quantity per Weekly Drawing Three-hundred forty-five (345) DICK'S Sporting Goods® Digital Gift Card ARV: $30.00 Thirty-Eight (38) One hundred (100) ENGEL® MTN DEW® Vacuum Insulated Drinkware – 17oz. Stainless Steel Bottle or RICHARDSON® MTN DEW® Badge Event Cap ARV: $29.99 Eleven (11) Eighty-two (82) DICK'S Sporting Goods® Digital Gift Card ARV: $65.00 Nine (9) Thirty (30) Realtree XTRA® BIG UN’ Camp Chair with Carry Bag ARV: $64.99 Three (3) Twenty-five (25) DICK'S Sporting Goods® Digital Gift Card ARV: $200.00 Three (3) Five (5) DRAKE 18-Can Waterproof Soft-Sided Insulated Cooler & DRAKE Hardshell Every Day Pack or DRAKE Essentials Daypack & ENGEL® MTN DEW® 13 Quart Drybox / Cooler ARV: $199.98 N/A Grand Prizes
Pulse 1 (Fishing) One (1) Grand Prize will be awarded as of a trip for four (4) (the verified winner (“Winner”) and three guests (“Guests”) Sheboygan, WI or Lake Minnetonka, MN (“Event”) (collectively, the “Grand Prize”). Winner has the choice of travel dates: 7/28/23 - 7/30/23 or 8/4/23 – 8/6/23.
Based on Voting there will be (1) One Dew Venture inclusive of the following: (1) One Winning Location, (1) One Activity, (1) One Upgrade & (1) One Gear Items.
Location
Lake Minnetonka Grand Prize includes Round trip coach class airfare from the nearest major airport of the (1) one winner and (3) three guests; Total of (4) people to Lake Minnetonka, MN up to $650 per person or $2,600. (2) Two nights/ (3) three days of accommodation in a private condominium/home for (4) four people on or around the Lake Minnetonka, MN area (between $400 and $1,300 per night or not to exceed $2,600 total).
Sheboygan, WI Grand Prize includes Round trip coach class airfare from the nearest major airport of the (1) one winner and (3) three guests; Total of (4) people to Sheboygan, WI up to $650 per person or $2,600. (2) Two nights/ (3) three days of accommodation in a private condominium/home for (4) four people on or around the Sheboygan, WI area (between $400 and $2,000 per night or not to exceed $4,000 total).
Activity
(1) One guided fishing trip at Lake Minnetonka, MN or Sheboygan, WI for (4) four people (not to exceed $2,000).
(1) One guided fly-fishing lesson at Lake Minnetonka, MN or Sheboygan, WI for (4) four people (not to exceed $2,000).Upgrade
(1) One private chef meal for (4) four people at their accommodations in Lake Minnetonka, MN or Sheboygan, WI ($275/person not to exceed $1,100).
(1) One DEW® locker kit for (4) four people to use during the trip (items in kit not to exceed $2,200).Gear
(1) One gift card(s) (not to exceed $2,000).
(1) One DEW® tackle box with fishing equipment and gear (items in box not to exceed $2,000).Breakfast, lunch, dinner and snacks, including soft beverages in accommodations for (2) Two nights/(3) three days for (4) four people not to exceed $5,000. Onsite ground transportation to and from airport, and to any experiences and destinations planned onsite locally cost for (2) Two nights/(3) three days at $1,500/day (not to exceed $4,500). Items may be shipped directly to their home upon winning. All other trip and incidental expenses are the responsibility of Winner. Approximate Retail Value Lake Minnetonka, MN: $20,800
Approximate Retail Value Sheboygan, WI: $19,400Pulse 2 (Lake Life) One (1) Grand Prize will be awarded as of a trip for four (4) (the verified winner (“Winner”) and three guests (“Guests”) Lake Travis, TX or West Okoboji Lake, IA (“Event”) (collectively, the “Grand Prize”). There will be only One (1) DEW Venture based on votes. Travel dates: 9/1/23 - 9/3/23.
Based on Voting there will be (1) One Dew Venture inclusive of the following: (1) One Winning Location, (1) One Activity, (1) One Upgrade & (1) One Gear Items.
Location
Lake Travis, TX Grand Prize includes Round trip coach class airfare from the nearest major airport of the (1) one winner and (3) three guests; Total of (4) people to either Lake Travis, TX (ARV up to $650 per person or $2,600 total). (2) Two nights/(3) three days of accommodations at a hotel on Lake Travis, TX for (4) four people (between $850 and $900 per night or not to exceed $2,700 total). West Okoboji Lake, IA Grand Prize includes Round trip coach class airfare from the nearest major airport of the (1) one winner and (3) three guests; Total of (4) people to either West Okoboji Lake, IA (ARV up to $650 per person or $2,600 total). (2)Two nights/(3)Three days of accommodations in a private condominium/home for (4) four people in or around the West Okoboji Lake, IA area (between $550 and $800 per night or not to exceed $2,400 total)
Activity
(1) One guided boat trip at Lake Travis, TX or West Okoboji Lake, IA for (4) four people (not to exceed $2,000).
(1) One guided pontoon boat trip at Lake Travis, TX or West Okoboji Lake, IA for (4) four people (not to exceed $2,000).Upgrade
(1) One private food truck meal for (4) four people at their accommodations in either Lake Travis, TX ($300/person not to exceed $1,200).
(1) One DEW® locker kit for (4) four people to use during the trip (items in kit not to exceed $2,200)Gear
(1) One DEW® outdoor game bundle and $300 sporting goods gift card (final cost not to exceed $550).
(1) One DEW® waterproof bundle (final cost not to exceed $550).Breakfast, lunch, dinner and snacks, including soft beverages in accommodations for (2) Two nights/(3) three days for (4) four people not to exceed $5,000. Onsite ground transportation to and from airport, and to any experiences and destinations planned onsite locally cost for (2) Two nights/(3) three days at $1,500/day (not to exceed $4,500). Items may be shipped directly to their home upon winning. All other trip and incidental expenses are the responsibility of Winner. Approximate Retail Lake Travis, TX: $23,300
Approximate Retail West Okoboji: $23,000Pulse 3 (Outdoor) - One (1) Grand Prize will be awarded as of a trip for four (4) (the verified winner (“Winner”) and three guests (“Guests”) Lead, SD or Johnson City, TX (“Event”) (collectively, the “Grand Prize”). There will be only One (1) DEW Venture based on votes. Travel Dates: 12/15/23 – 12/17/23.
Based on Voting there will be (1) One Dew Venture inclusive of the following: (1) One Winning Location, (1) One Activity, (1) One Upgrade & (1) One Gear Items.
Location
Lead, SD Grand Prize includes Round trip coach class airfare from the nearest major airport of the (1) one winner and (3) three guests; Total of (4) people to either Lead, SD (ARV up to $650 per person or $2,600 total) (2) Two nights/(3) three days of accommodations in a private condominium/home for (4) four people in or around the Lead, SD area (between $250 and $300 per night or not to exceed $3,000 total)
Johnston City, TX Grand Prize includes Round trip coach class airfare from the nearest major airport of the (1) one winner and (3) three guests; Total of (4) people to either Johnston City, TX (ARV up to $650 per person or $2,600 total) (2) Two nights/(3) three days of accommodations in a private condominium/home for (4) four people in or around the Lead, SD area (between $250 and $300 per night or not to exceed $3,000 total)
Activity
(1) One guided tracking lesson in Lead, SD or Johnson City, TX for (4) four people (not to exceed $3,700)
(1) One survival guided lesson and camping Lead, SD or Johnson City, TX for (4) four people (not exceed $7,000)Upgrade
(1) One guided ATV for (4) four people at their accommodations in Johnson City, TX or (1) One guided snowmobiling for (4) four people at their accommodations in Lead, SD (between $150-$300/person not to exceed $1,200)
(1) One DEW® outdoor supply drop for (4) four people to use during the trip (items in kit not to exceed $1,200)Gear
(1) One outdoor tech kit (items in box not to exceed $2,000)
(1) One cooler and grill (items in box not to exceed $2,000)Breakfast, lunch, dinner and snacks, including soft beverages in accommodations for (2) Two nights/(3) three days for (4) four people not to exceed $5,000. Onsite ground transportation to and from airport, and to any experiences and destinations planned onsite locally cost for (2) Two nights/(3) three days at $1,500/day (not to exceed $4,500). All other trip and incidental expenses are the responsibility of Winner. Items may be shipped directly to their home upon winning. All other trip and incidental expenses are the responsibility of Winner. Approximate Retail Value Lead, SD or Johnson City, TX: $32,200
Sponsor does not make, nor in any manner is responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes including but not limited to their quality, fitness for purpose, or condition. All product and brand images are trademarks or registered trademarks of their respective companies, which are not sponsors or affiliated with this Sweepstakes.
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PRIZE RESTRICTIONS: Limit One (1) Weekly Entry Period prize per person/household per week. Limit of two (2) Weekly Entry Period prizes per person/household per Pulse. Limit of One (1) Grand Prize per person/household throughout the Sweepstakes Period. If a Winner is unable to travel during travel dates as designated by Sponsor, prize will be forfeited and an alternate Winner may be selected, time permitting. Prizes are non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right in their sole discretion to substitute a prize in whole or in part with one of comparable or greater value. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. The ARV for each Sweepstakes Prize is as of the date these rules were finalized and may fluctuate. Any difference between the stated ARV and actual value at the time the prize was awarded will not be awarded. If an insufficient number of qualified Entries are received, Prizes may not be awarded.
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WINNER NOTIFICATION AND PRIZE CLAIM: Winners will be subject to verification, including verification of age. THE POTENTIAL WINNER WILL BE REACHED OUT TO THE EMAIL ADDRESS SUPPLIED AT TIME OF ENTRY AND WILL BE REQUIRED TO RESPOND VIA RETURN EMAIL WITHIN FOURTY-EIGHT (48) HOURS OF NOTIFICATION TO CONFIRM HIS/HER ACCEPTANCE OF THE PRIZE. Upon acceptance, each potential Winner will be sent, via a DocuSign email, an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, and a Federal Form W-9 and will be required to verify his/her eligibility and compliance with these Official Rules by completing, signing, and returning, by within five (5) calendar days of receipt; or the Prize may be forfeited, and an alternate potential Winner may be contacted. Failure to provide all required information, and a signature on the documents will result in forfeiture of the Prize Winner’s right to claim a Prize and may be awarded to an alternate Prize Winner.
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RELEASE AND GENERAL TERMS: By participating in this Sweepstakes and submitting a prize claim, each entrant agrees: (i) to be bound by these Official Rules, including all prize claim requirements; (ii) to hold Sponsor, its parents, bottlers, representatives, directors, officers, agents, divisions, affiliates, subsidiaries, advertising and promotional agencies, employees, crewmembers and assigns (collectively, the “Released Parties”), harmless against any and all claims, injuries, damages, losses and liability that may occur, directly or indirectly, in whole or in part, from participation in the Sweepstakes, or from the receipt or use of any prize or any travel or activity related to the receipt or use of any prize; and (iii) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
Any Prize will be forfeited, and an alternate potential Prize Winner may be contacted if: (1) a Prize notification is returned as undeliverable; (2) if any required response (including email response) is not received in a timely manner for any reason; (3) if any Prize claim forms or Prize Winner verification materials are not returned within the required time period; (4) if any potential Prize Winner is determined to be ineligible or otherwise not in compliance with these Official Rules. Sponsor and Sweepstakes Parties are not responsible for any change mailing address, email address, and/or telephone number of Entrants. Sponsor is not required to make more than one attempt to notify any individual potential Prize Winner; nor is Sponsor required to make more than one attempt to verify an alternative Prize Winner if the first selected potential Prize Winner is disqualified.
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GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to 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 reserves the right, in its sole discretion, to disqualify any individual who is responsible or who tampers with the Entry process, and to cancel, modify, or terminate the Sweepstakes. If, in Sponsor’s sole discretion, any portion of the Sweepstakes is not capable of running as planned for any reason, or the integrity and/or feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, health pandemic or epidemic, earthquake, explosion, extreme weather conditions, interruptions in air travel, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without any further obligation. In the event the [Experience] Prize experience cannot take place due to any of the above Force Majeure events or occurrences on the scheduled dates, the Sponsor reserves the right to offer each [Experience] Prize Winner an option to accept a cash alternative, in lieu of the Prize experience. In the event of cancellation, Sponsor will award the Prizes in a random drawing from among all valid and eligible entries received up to the time of such cancellation, providing a sufficient number of entries are received. In no event will more than the number of Prizes stated in these Official Rules be awarded. In the event that an Entry is confirmed to have been erroneously deleted, lost, or destroyed, Entrant’s sole remedy shall be another Entry into the next available Weekly or Grand Prize Sweepstakes, if available.
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LIMITATIONS OF LIABILITY AND RELEASE: As a condition of entering, Entrants agree to release Sponsor and Sweepstakes Parties, (collectively, “Releasees”) from any and all liability, loss, or damage incurred with respect to Entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any Prize. No liability or responsibility is assumed by the Releasees resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in the Sweepstakes. Sponsor is not responsible for incorrect or inaccurate Entry information whether caused by Entrant or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of the entries. No responsibility or liability is assumed by the Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that 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 email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of any Website or Application in whole or in part for any reason; traffic congestion on the Internet or any Website or Application; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of the Prizes or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or on the Website. Use of any Website is at user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's mobile device or computer equipment resulting from
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BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claim will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT
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PUBLICITY: Submission of an Entry, including any Prize notification documents (“Entrant Data”), constitutes your consent for Sponsor to obtain, use, and transfer your Entrant Data for Sweepstakes administration purposes and shall be subject to Pepsi-Cola Company’s Privacy Policy available at http://policy.pepsi.com/privacy.htm .
Each Winner also hereby expressly grants to the Sweepstakes Parties, their Prize suppliers, and their respective designees all rights to use and publish their/his/her name, likeness (photographic or simulated), voice, and city/state of residence and the contents of the for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Sweepstakes (“Advertising”), in any and all media now or hereafter devised, worldwide in
perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. If you are selected as a Winner, your information may also be included in a publicly available Winners’ list and listed on social media sites as set forth above. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each Winner hereby disclaims and waives any claim of right to such Advertising.
Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each Prize Winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such Prize Winner’s name, likeness or voice under contract, tort, or any other theory of law. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control.
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GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these official rules, Entrant’s rights and obligations, or the rights and obligations of the 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 thereof By entering, Entrants consent to the jurisdiction and venue of the federal, state, and local courts located in Westchester County, NY for the resolution of all matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’ failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
- WINNERS’ LIST REQUEST: For a list of Winners, send an e-mail request to: dewventure@mripromohelp.zendesk.com no later than December 15, 2023.
- SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY 10577.
© 2023 Pepsi-Cola Company. All rights reserved.