CRYSTAL PEPSI 30TH ANNIVERSARY SWEEPSTAKES (“SWEEPSTAKES”)

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT NECESSARY. INTERNET ACCESS REQUIRED. DATA RATES MAY APPLY IF ENTERING VIA A MOBILE DEVICE.

 

1. SWEEPSTAKES PERIOD: The Sweepstakes begins on January 4, 2022 at 9:00:00 a.m. Eastern Time (“ET”) and ends on January 6, 2022 at 9:00:00 a.m. ET ("Sweepstakes Period"). The time clock of the Administrator’s (“Administrator” as defined in Section 3) computer is the official timekeeping device for this Sweepstakes.

 

2. HOW TO ENTER: During the Sweepstakes Period, post a picture of yourself from the 90’s (“Photo”) with hashtags #ShowUsYour90s #PepsiSweepstakes (the “Hashtags”) (altogether, “Photo” and “Hashtags” shall hereinafter be referred to as the “Entry”) to receive one (1) entry into the random drawing. The Hashtags MUST be included in order for your Entry to be valid. By using the Hashtags, you are consenting to receive direct messages via Twitter if you are selected as potential winner.

 

You must be a registered user of Twitter and follow Sponsor’s handle @Pepsi on twitter.com/pepsi. If you do not have a Twitter account, follow the onscreen instructions to register for a free Twitter account at http://twitter.com. To become a follower of @Pepsi, visit Twitter.com/pepsi and choose to follow. Additionally, your Twitter setting must be set to “unprotected” and “public” in order for your quote tweet to be viewable by Administrator and allow direct messages from anyone so that you may be contacted by Administrator if you are selected as a winner.

 

Photos/Entries will not be judged. Any content included within the Entry will not be judged or used in any way to determine the potential winner. Winners will be selected via random drawing.

 

Limit one (1) Entry per person/Twitter account for the Sweepstakes Period.

 

Entry submission must be manually key stroked and/or manually entered by the individual entrant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from any such scripts, macros, bots or sweepstakes services or related Twitter accounts or IP addresses may be blocked. If it is discovered that an entrant used multiple Twitter accounts, for the purpose of obtaining more than one (1) Entry, such persons will be disqualified and all Entries shall be deemed invalid and any prize awarded to them shall be forfeited.

 

Incomplete, deceptive or garbled Entries are not eligible. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability to locate or record an Entry. In Sponsor’s sole discretion, Sponsor may disqualify entries that do not comply with these Official Rules and/or the Twitter Rules and Policies at https://help.twitter.com/en/rules-and-policies/twitter-rules. In the event of a conflict between the Sweepstakes Official Rules and Twitter Rules and Policies, the Sweepstakes Official Rules shall govern.

 

Any Entry or portion thereof that is, in the Sponsor's sole discretion, inconsistent with Sponsor's desired image, 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 content included in the Sweepstakes Post) 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 entrant from further participation in the Sweepstakes.

 

The name of the person submitting the Entry into the Sweepstakes must be the name of the authorized account holder of the Twitter account used to enter, otherwise the Entry may be deemed void. In the event of a dispute over the identity of a potential winner, the Entry will be declared made by the authorized account holder of the Twitter account used during the entry process. The potential winner may be required to provide identification sufficient to show that they are the authorized account holder of such account. If an Entry includes anyone other than the entrant, that entrant must have received each person’s permission (or if a minor, that minor’s parent and/or legal guardian’s permission) to submit the Entry for the Sweepstakes prior to submitting the Entry. By submitting an Entry that includes pictures or images of any people other than the entrant, that entrant represents and warrants to Sponsor that he or she has obtained express permission of such people (and in the case of a minor, minor’s parent and/or legal guardian’s permission) to submit an Entry including their likeness or image to Sponsor in connection with this Sweepstakes.

 

If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges. Mobile entry is not required to submit an Entry or win a prize in this Sweepstakes.

 

3. ELIGIBILITY: The Sweepstakes is open only to legal U.S. residents residing in one of the fifty (50) United States or the District of Columbia who are eighteen (18) years of age or older (19 or older if a resident of Alabama or Nebraska) at the time of entry. The following persons are not eligible to participate or win: employees, contractors, directors, and officers of PepsiCo, Inc., Pepsi-Cola Company (“Sponsor”), and its bottlers, Genesco Sports Enterprises, Inc. (“Administrator”), each of their respective parent, subsidiary and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (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).

 

4. RANDOM DRAWING: Potential winners will be selected in a random drawing to be held on or about January 6, 2022 (after the conclusion of the Sweepstakes Period) from among all eligible Entries received by the Administrator, whose decisions are final in all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible Entries received. Entries submitted during the Sweepstakes Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent sweepstakes. Limit one (1) prize per person/household.

 

5. PRIZE DETAILS: Three hundred (300) prizes will be awarded, each consisting of six (6) bottles of Crystal Pepsi. Approximate Retail Value (“ARV”) of each prize package: $10.68. Total ARV of all prizes is $3,204.00.

 

6. GENERAL: This Sweepstakes is governed by the laws of the United States and of the State of New York without respect to conflict of law doctrines. Void where prohibited. 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. No substitution of prize is offered, no transfer of prize to a third party is permitted and non- cash prizes may not be redeemed for cash value, except as determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value in the event any portion of the prize becomes unavailable. Unclaimed prizes will not be awarded. As a condition of participating in this Sweepstakes, entrants 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 entrants be

permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than entrants' actual out-of- pocket expenses (e.g. costs associated with participating), and entrants further waive all rights to have damages multiplied or increased. Prize winner will be solely responsible for paying all applicable federal, state and local taxes on prize, if any. If applicable, the winners will be required to give their social security number to Administrator as a condition of receiving the prize and winner will receive an IRS Form 1099 for the retail value of their prize. No groups, clubs or organizations may enter or win a prize or reproduce or distribute any portion of these Official Rules to its members. 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 a prize not accepted or used by winner will be forfeited. Any difference between stated value and actual value will not be awarded.

 

7. CONDUCT: By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Administrator which shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor and Administrator reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes; 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, DESTROY, TAMPER OR VANDALIZE THE SOCIAL MEDIA PLATFORM ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

8. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information submitted by entrant, or for any faulty or failed 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 any social media platform associated with the Sweepstakes, network or wireless service or any combination thereof; (e) suspended or discontinued Internet or wireless service; or (f) any injury or damage to entrants or to any other person's computer, mobile device or property which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes. If, for any reason, the Sweepstakes (or any prize) is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes, including but not limited to Acts of God, pandemics, epidemics, weather, fire, strike, acts of war or terrorism, government restriction, or any other condition beyond their control, which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Sponsor and Administrator reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In the event of any such cancellation, termination or suspension, a notice will be posted on @Pepsi on Twitter and a random drawing may be held from among all eligible, non-suspect Entries received prior to such time. Sponsor reserves the right, at its sole discretion, to disqualify any entrant (and all of their Entries) from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if the entrant tampers with the entry process or if his/her fraud or misconduct affects the integrity of this Sweepstakes. Sponsor reserves the right to correct errors in promotional materials. 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 SPONSOR’S OR

PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

 

9. WINNER NOTIFICATION: Potential winners will be notified via direct message (“DM”) through their Twitter account and will be required to respond to the notification (as stated within the notification) within twenty-four (24) hours to provide their contact information, including their date of birth and valid email address to Administrator. Upon receipt of a valid email address, the potential winner will then be notified by email containing instructions on how to claim the prize. Prize must be claimed within twenty-four (24) hours of email notification or prize may be forfeited and awarded to an alternate winner. Sponsor and Promotion Parties are not responsible for suspended or discontinued Internet or wireless service or a change in winner’s Twitter account or email address, which may result in a potential winner not receiving prize notification. If any prize notification or prize is returned as undeliverable, if a potential winner does not respond to the notification (as instructed within the notification), if a potential winner cannot be verified or is otherwise unable to accept the prize as stated, prize may be forfeited. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, such prize may not be re-awarded. Prizes will only be awarded to an eligible entrant residing within the United States. Sponsor and Promotion Parties are not responsible for any undelivered emails or unanswered DM’s, including without limitation, emails or DM’s that are not received because of a potential winner’s privacy or spam filter settings which may divert any Sweepstakes email, including any winner notification email, to a spam or junk folder. Upon forfeiture for any reason as stated within these Official Rules, no compensation will be given. Prizes will be shipped within two (2) weeks of winner verification.

 

10. RELEASE OF LIABILITY: All entrants, as a condition of participation, and winner, by acceptance of a prize, agree to release Sponsor, Promotion Parties, Twitter, Inc., and each of their respective officers, directors, employees, agents and assigns from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of any prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity or any typographical or other error in the printing of these Official Rules or the offering or announcement of any prize. Each winner shall bear all risk of loss or damage to their prize and/or prize documentation after it has been delivered. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor, except manufacturer’s standard written warranty included in the prize packaging. Except where prohibited by law, winner grants to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known, the winner’s name, voice, statement, picture or other likeness, and the Entry (which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) at any time or times, for advertising, trade, publicity and promotional purposes, as may be determined by Sponsor or Promotion Parties, in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law.

 

Sponsor’s use of your personal information is subject to the privacy policy located at https://policy.pepsico.com/privacy.htm. Any communication between entrant and Sponsor or its agencies regarding this Sweepstakes (e.g., DM’s, phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. Winners’ names may be included in a publicly-available winner’s list.

 

11. WINNER’S LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by February 7, 2022 to: Crystal Pepsi 30th Anniversary Sweepstakes Winner’s List, PO Box 130, c/o GSE, Dept. 22-8107-06, Glencoe, MN 55336-0130.

 

12. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York 10577.

 

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter. Any questions, comments or complaints regarding this Sweepstakes shall be directed to the Sponsor and not to Twitter.