PepsiCo, Inc. – Kem SWEEPSTAKES
INTERNET AND EMAIL ACCOUNT OR 2-WAY TEXT MESSAGE CAPABLE PHONE AND DIGITAL SERVICE REQUIRED. NO PURCHASE NECESSARY. VOID OUTSIDE ELIGIBLE MARKETS AND WHERE PROHIBITED. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING. GOVERNED BY LAWS OF THE STATE OF TEXAS. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY.
Promotion: Pepsi® – Kem Sweepstakes (the “Promotion”)
Sponsor: Pepsi-Cola Company, 1111 Westchester Avenue, While Plains, NY 10604
Administrator: Music Audience Exchange, Inc., 2595 Dallas Parkway #440, Frisco, TX 75034
Eligible Markets: The areas of Detroit, MI
Minimum Age: Must be at least 21 or older at time of participation
Start Date: 12:00 am Central Time (“CT”), December 7, 2020
End Date: 11:59 pm CT, January 3, 2021
Entry Receipt Deadline: 11:59 pm CT, January 3, 2021
Promotion Period: Start Date through End Date
Drawing Date: January 4, 2021
Winners List Request Deadline: January 5, 2021
Winners List Address: Pepsi – Kem Sweepstakes Winners List,
Music Audience Exchange, 2595 Dallas Parkway #440, Frisco, TX 75034
|MARKET||# OF PRIZES|
FURTHER PRIZE DESCRIPTIONS/TERMS:
The prize will consist of one (1) virtual Meet and Greet with Kem. The approximate retail value of each prize is $500.
Actual value of prizes may vary. No compensation or substitution will be provided for any difference in prize value. The prize is non-exchangeable, non-transferable, and is not redeemable for cash or other prizes, except where required by law. Sponsor and Administrator shall in no way be responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or accommodations, or any other act, omission, or result thereof, caused by any third party. Any expense or item not specifically listed is the responsibility of the winner.
HOW TO ENTER: During the Promotion Period, there are two (2) ways to enter:
a) Go to the Website. Complete the entry form with all required information including your first name, last name, email, phone number, age, and ZIP code within the Eligible Market of which you are a legal resident, signify your agreement to these Official Rules, and submit the entry.
b) Via text message. Use the following information to enter by texting from your mobile phone for the Eligible Market, of which you are a legal resident. You may only enter the prize drawing for an Eligible Market, of which you are a legal resident.
TEXT THE BELOW TO ENTER:
DETROIT2020 to 474747 (for Detroit)
ENTRY LIMITS: Entries must be received by the Entry Deadline. Limit: No matter which form of entry you select, you may enter only one time during the Promotion Period. You may not use more than one name or residential or email address. You must complete your own entry. No use of any automated, form filling, programmed, or similar service or system.
DRAWING: Winners will be selected by random drawing on the Drawing Date. Odds depend on the number of eligible entries. The administration of the Drawing is within the sole discretion of the Administrator, whose decisions are final.
PRIZE LIMIT: Limit one prize (valued $500 or more) per person/household per 12 consecutive months from any promotion sponsored by Sponsor or any of its affiliates.
NOTIFICATION: Winners will be notified via email, text and/or phone. After a reasonable number of attempts during a day (determined by Sponsor or Administrator), if contact is not made with the winner or you do not claim the prize within period specified, the prize may be forfeited.
THE FOLLOWING TERMS ARE PART OF THE FULL OFFICIAL RULES.
ELIGIBILITY: To enter you must be a U.S. legal resident of an Eligible Market and at least the Minimum Age. You are not eligible if you or a member of your immediate family or household (whether or not related) is an (A) employee, officer or director of any Promotion Party or (B) owner/operator or person responsible for purchasing or promotion decisions at retailers of Sponsor products.
“Immediate family” means spouses, parents, children, siblings and step-parents/children/siblings, whether or not living at the same residence.
“Promotion Part(ies)” means Sponsor, its bottlers or distributors, Administrator, their respective parents, subsidiaries and affiliates, their promotion partners, advertising or promotion agencies, promotion materials suppliers, website developers, judging organizations, auditing or legal firms and other parties engaged in the promotion, administration or execution of the Promotion, and all of their employees, officers, directors and agents.
GENERAL: By participating, you agree to abide by the Rules and all decisions of Sponsor, Administrator, and their judges and administrators, which are final and binding in all respects. Non-compliance may result in disqualification. You are not a winner unless and until you have fully complied with the Rules and all award processes have been completed (including affidavit and any verifications required by Sponsor or Administrator). All entries must use your actual name and residential address (as on your driver’s license or government ID) (no P.O. boxes). Entries become Sponsor’s property and will not be returned. Winners may not substitute, transfer or redeem for cash all or any part of the prize, except where required by law. If, for any reason, a prize cannot be awarded or winner is not capable of redeeming, neither Sponsor nor Administrator is obligated to award it and reserves the right, in its sole discretion, whether or not to substitute the prize (or portion of prize) with a prize of comparable or greater value or cash value or select an alternate winner for forfeited prizes. If, for any reason, more prizes are available or claimed than the stated number, Sponsor and Administrator reserve the right to randomly draw winners from eligible claimants. Winners are solely responsible for all taxes, if any, on prizes and may be required to provide a W-9 form to Sponsor or Administrator for any prizes valued at $500 or more. Winners are responsible for any expense or item not specifically awarded in the Rules.
USE OF NAME/LIKENESS: By accepting a prize, you grant Sponsor (and its designees) the right to use your name and/or likeness for advertising purposes in any medium, without further compensation, except as prohibited by law.
ACCOUNT HOLDER: If disputed, entry will be deemed made by the natural person who is assigned to the account by the applicable provider or organization that assigns the phone, email, or other account number.
LIMITATIONS: Neither Sponsor, Administrator nor any other Promotion Party is responsible for any:
- email, network, electronic, software, equipment, service, processing, accessibility, or other errors, failures or issues;
- unauthorized access, tampering, hacking, theft, or destruction; or
- other technical or human errors related to the promotion, execution or administration of the Promotion.
VIOLATIONS: Sponsor may, in its sole determination, disqualify anyone it believes has not complied with the Rules, may be tampering or acting in a non-sportsmanlike, disruptive, abusive, harassing, or threatening manner.
CAUTION: ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY VIOLATE CIVIL AND CRIMINAL LAWS AND SPONSOR OR ADMINISTRATOR MAY SEEK REMEDIES TO THE FULLEST EXTENT UNDER LAW.
CHANGES: Sponsor may, in its sole determination, cancel or modify any aspect of the Promotion or Rules for any reason which Sponsor, in its sole opinion, deems affects the Promotion, execution, or administration of the Promotion (whether tampering, technical or human error, application of new or existing laws/regulations, or other issues).
RULES INTERPRETATION: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor's or Administrator's failure to enforce any term of these Official Rules does not constitute a waiver of that provision. By entering this Promotion, you waive any right to claim ambiguity in these Official Rules.
LIABILITY RELEASE: BY PARTICIPATING, YOU RELEASE AND AGREE THAT NEITHER SPONSOR, ADMINISTRATOR, NOR ANY PROMOTION PARTY WILL BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITY OF ANY KIND (INCLUDING PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COUNSEL FEES, AND COURT COSTS) ARISING FROM ANYTHING RELATING TO:
- PROMOTION, EXECUTION OR ADMINISTRATION OF THE PROMOTION (OR YOUR PARTICIPATION);
- CANCELLATION OR MODIFICATION OF ANY ASPECT OF THE PROMOTION;
- USE OF ANY WEB SITE RELATED TO THE PROMOTION OR MATERIALS ON THEM;
- ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF ANY PRIZE; OR
- PARTICIPATING IN OR TRAVELING TO ANY PROMOTION-RELATED ACTIVITY.
INDEMNITY: By participating, you further agree to indemnify and hold harmless the Promotion Parties and their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions, and liability of any kind resulting from or in connection with the Promotion or the Prizes.
NO WARRANTY: ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CHECK YOUR LOCAL LAWS.
DISPUTES: IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY DISPUTE OR CLAIM SHALL BE RESOLVED BY FINAL BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN TEXAS. VENUE FOR ANY PROCEEDINGS WILL BE IN COLLIN COUNTY, TEXAS. REMEDIES SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES IN THESE RULES, BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEY'S FEES OR OTHER COSTS OR BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (B) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
ADMINISTRATION: Administrator is responsible for the processing of entries and administration of the Promotion. Contact Administrator at its above address with any questions, comments, or problems.
SOCIAL MEDIA: While this Promotion may be promoted via social media websites, such websites are not affiliated with Sponsor, Administrator, or this Promotion. This Promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, Instagram, Snapchat, or any other site, or medium that might host content where information about this promotion is posted, or published (collectively "Content Hosts"). Entrant is providing his/her information only to Sponsor and not to Content Hosts.
For a WINNERS LIST: Mail a self-addressed stamped envelope to Winners List Address above by the Winners List Request Deadline. List will be sent once all prizes awarded.