CHASE ELLIOTT X MTN DEW FROSTBITE SOCIAL SWEEPSTAKES

(THE “SWEEPSTAKES”)

 

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS REQUIRED. VOID WHERE PROHIBITED.

 

ELIGIBILITY: The Sweepstakes is open only to individuals who are legal residents residing in one (1) of the fifty (50) United States (including the District of Columbia), who, at the time of entry, are eighteen (18) years of age or older (19 in AL or NE) and have a Twitter account with a public profile. Employees, officers, and directors (including immediate family members [spouse, parent, child, sibling and their respective spouses, regardless of where they reside] and members of the same household, whether or not related) of PepsiCo, Inc., Pepsi Beverages Company, Pepsi-Cola Company  (“Sponsor”) and its bottlers and each of their respective parent, subsidiary and affiliated companies, officers, directors, licensees, distributors, dealers, retailers, printers, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Sponsor and Promotion Parties”), Hendrick Motorsports LLC, Chase Elliott®, Chase Elliott Endorsements, LLC™, Chase Elliott Foundation, LLC™, Chase Elliott Motorsports, LLC™ and each of their respective officers, directors, employee agents, licensors and assigns (collectively, “Chase Elliott”) are not eligible to participate or win a Prize (defined below). The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations.  Void outside the United States and where prohibited or restricted by law, rule or regulation.

 

HOW TO ENTER: There are two (2) ways to enter the Sweepstakes. The Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on October 1, 2020 and ends at 11:59 p.m. ET on October 9, 2020 (the “Entry Period”).

 

Twitter Entry: To enter the Sweepstakes, you may either enter: (1) through the Twitter app on your phone, or (2) to enter without a data plan (NO PURCHASE NECESSARY), visit www.twitter.com.

 

To enter, you must:

(a) have a valid, public Twitter account (i.e., not protected and can be directly messaged) and be a follower of @chaseelliott, and

(b) Retweet with comment on any Sweepstakes-specific prompted post(s) on the @chaseelliott account with the hashtag #MtnDewFrostBiteSweeps, during the Entry Period, from your Twitter account.

 

Your Retweet must remain publicly posted through the Drawing Date pursuant to Twitter Terms of Service and Twitter Rules available at twitter.com/tos. The content included in the entry will not be judged or used in any way to determine the potential winners. All information submitted online via Twitter is subject to, and will be treated in a manner consistent with, Twitter’s Privacy Policy accessible at: twitter.com/privacy and Twitter Terms of Service and Twitter Rules (see above). All information submitted online via Twitter and shared with Sponsor per entrants’ Twitter account settings, or online directly to Sponsor or Administrator (as defined in the “Notification” section) in connection with the Prize Notification process, is subject to, and will be treated in a manner consistent with, Sponsors Privacy Policy accessible at: http://policy.pepsi.com/privacy.htm .  By submitting your entry during the Entry Period via Twitter, you acknowledge that you meet the eligibility criteria, and you have read and agree to these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. An entrant must have a non-private Twitter account to enter the Sweepstakes and be a follower of @chaseelliott through at least thirty (30) days after the Drawing Date for potential winner notification purposes and to be eligible to win/claim a prize. A Twitter account can be opened for free by downloading the Twitter application from your Smartphone app store or visiting www.twitter.com. Please note that an entrant must agree to comply with the Twitter Terms of Service (https://twitter.com/tos/) and Privacy Policy (https://twitter.com/privacy) in order to participate in the Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to Sponsor and not to Twitter. Anyone found to use multiple Twitter accounts to enter will be ineligible. In the event of dispute over the identity of a potential winner, an entry will be declared made by the authorized account holder of the Twitter account from which entry was submitted at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such Twitter account. Any entries that does not comply with these Official Rules, and any that are removed or hidden prior to the Drawing Date are void.

 

Entrants must not include any of the following content in any Submission: (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious or slanderous materials; (f) content that denigrates, disparages or reflects negatively on the Sponsor, Hendrick Motorsports or Chase Elliott; (g) tobacco, e-cigarettes, alcohol or drugs; (h) dangerous stunts; (i) real weapons of any kind including, but not limited to, guns, knives or projectiles; (j) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law, ordinance, or regulation; (k) individuals under legal age of majority without providing a signed release from parent or legal guardian; (l) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (m) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the entry is created. Any entry or portion thereof that is, in the Sponsor’s sole discretion, inconsistent with Sponsor's, Hendrick Motorsports, or Chase Elliott’s desired image, is offensive, obscene, profane, lewd, defamatory, contains any proper names, third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand (other than Pepsi, Hendrick Motorsports, or Chase Elliott) or other proprietary right of any entity or person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light), or is otherwise objectionable, will not be accepted as an entry and may disqualify you from further participation in the Sweepstakes. Sponsor acts as a passive conduit for the posting and publication of such content and has no obligation to screen, monitor or review the content of posts and entries relating to the Sweepstakes and Released Parties (as defined in the “Waiver of Liability/Publicity Release” section) expressly disclaim any and all liability in conjunction with any such activities.

 

Entries that do not follow the above formats may be discarded or ignored and not eligible for entry. Entries received after the Entry Period will be void. Limit one (1) entry per person/Twitter account/email address/household per prompted post. Additional entries beyond the specified limit will be void. The time of receipt of any valid Twitter entry shall be the time such valid entry becomes available to Sponsor on Twitter.com. Sponsor's computer shall be the official clock of the Sweepstakes.

 

RANDOM DRAWING; ODDS: Potential winners will be selected in a random drawing on or about October 9, 2020 (“Drawing Date”), from among all eligible entries received during the Entry Period. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winners will be declared the official winners of the Sweepstakes (each, a “Winner” and collectively, the “Winners”). Drawing will be conducted by an independent judging organization, whose decisions are final and binding.  Odds of winning depend on the total number of eligible entries received during the Entry Period. Limit one (1) Prize per person, family, or household.

 

PRIZES: Fifteen (15) total prizes will be awarded.

Each Winner will receive one (1), ninety (90)-minute group online webinar/digital meet and greet with Chase Elliott and the other Sweepstakes winners on a date/time determined by Sponsor at its sole discretion (expected to be held prior to December 31, 2020) and a MTN Dew & Chase Elliott branded mini racing helmet. (Approximate Retail Value (“ARV”) of each Prize: $47.60. Total ARV of all Prizes: $714.00.)

 

PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of Sponsor. Each Winner is fully responsible for any and all applicable federal, state, and local taxes. The Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion.  Sponsor reserves the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Sponsor, Hendrick Motorsports, and Chase Elliott reserve the right to remove or to deny entry to any Winner who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person during the digital meet and greet. The prizing may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture. Exact duration and nature of the digital meet and greet opportunity is at the sole and absolute discretion of Sponsor and subject to availability. In the event Chase Elliott is unavailable for any reason, Sponsor reserves the right to substitute an alternate member of the Hendrick Motorsports personnel as determined solely by Sponsor to participate in Chase Elliott’s absence. Sponsor and Promotion Parties assume no responsibility for cancelled, delayed, suspended or rescheduled events beyond its control.

 

NOTIFICATION: Each potential winner will be notified via direct message to such potential winner's Twitter account (in the sole discretion of Sponsor) provided at the time of entry or from which entry was submitted (the "Prize Notification") and may be required, if applicable, to privately (through Twitter direct message, email, or other secure, private means) provide his/her name, address, age and other personal information necessary to receive the Prize. Potential winners will be notified via direct message from @GSE_Engagement (Genesco Sports Enterprises, Inc. as “Administrator”) and must respond within forty-eight (48) hours to the initial notification. Winners will then be required to complete, sign, and return an Affidavit of Eligibility/Liability Release, and, except for residents of Tennessee and where prohibited, Publicity Release within three (3) days. If (a) an attempted notification or a prize is returned as undeliverable, (b) a potential winner does not respond to the prize-claim instructions as stated within the prize-winning message or email, (c) any required documents are not returned within the required time period, (d) a potential winner cannot be verified, or (e) a potential winner is otherwise unable to accept the prize as stated, the Prize may be forfeited and awarded to an alternate winner, in Sponsor’s sole discretion.

 

WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) waive any and all claims against Sponsor, Hendrick Motorsports LLC, Chase Elliott, Twitter, Inc. (“Twitter”) and each of their respective parent, subsidiary and affiliated companies, officers, directors, licensees, licensors, assigns, distributors, dealers, retailers, printers, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss to persons and property that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes, the receipt, use or misuse of the Prize (or any portion thereof), any travel or activity related to the receipt or use of the Prize (or any portion thereof) or the offering or announcement of any prize.  By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor, Administrator, Hendrick Motorsports, and/or Chase Elliott by telephone, email and/or postal mail for Sweepstakes purposes.  Except for residents of Tennessee and where prohibited by law, each Winner grants to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known, such 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.

 

GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in  wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Winners and/or Prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.  Released Parties are not responsible for injury or damage to entrants’ or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of Twitter (if applicable).  Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor, Chase Elliott and/or Hendrick Motorsports or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void.  Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by Sponsor, Hendrick Motorsports, Chase Elliott, and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion.  Released Parties (a) make no warranty, guaranty or representation of any kind concerning the Prizes (or any portion thereof), and (b) disclaim any implied warranty.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

Sponsor reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof).  In the event of cancellation, Sponsor may elect to identify the Winners and award the Prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSOR, YANKEES, MLB AND THEIR RESPECTIVE  AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Entries generated by a script, macro or other mechanical or automated means will be disqualified.

 

This Sweepstakes is governed by the laws of the United States and the State of New York without respect to conflict of law doctrines. As a condition of participating in this Sweepstakes, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than participants’ actual out-of-pocket expenses (e.g. costs associated with participating), and participants further waive all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF RELEASED PARTIES’ NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

 

INVALIDITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

WINNERS LIST: For the names of the Winners, individuals should mail a self-addressed stamped business envelope by October 30, 2020 to: Winners’ List – Chase Elliott x MTN Dew FrostBite Social Sweepstakes, ATTN: Carly Salczynski, 5944 Luther Lane, Suite 500, Dallas, TX 75225. Winner List requests must be received no later than November 5, 2020.

 

SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.

 

The Sweepstakes is in no way sponsored by Hendrick Motorsports, Chase Elliott®, Chase Elliott Endorsements, LLC™, Chase Elliott Foundation, LLC™, Chase Elliott Motorsports, LLC™, and each of their respective officers, directors, employee agents, licensors, and assigns.

 

PEPSI-COLA, PEPSI, the Pepsi Globe, MTN DEW and the Mtn Dew Logo are registered trademarks of PepsiCo, Inc. All rights reserved.

 

Hendrick Motorsports is a registered trademark of Hendrick Motorsports, LLC.

 

TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates. All rights reserved.