Pure Leaf “No” Grants Official Rules
NO PURCHASE NECESSARY. OPEN TO ALL LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 OR OVER (19 OR OVER IN ALABAMA AND NEBRASKA) AS OF DATE OF ENTRY, WHO IDENTIFY AS A MOTHER.
Contest Period: The “No” Grants Contest (the “Contest”) begins at 7:00 a.m. Eastern Time (“ET”) on May 9, 2023 and ends at 11:59 p.m. ET on October 31, 2023 (the “Contest Period”). The Contest Period consists of three (3) separate entry periods (each an “Entry Period”), as follows: Entry Period 1 begins at 7:00 a.m.ET on May 9, 2023 and ends at 11:59 p.m. ET on June 30, 2023; Entry Period 2 begins at 12:00 a.m. ET on July 1, 2023 and ends at 11:59 p.m. ET on August 31, 2023; and Entry Period 3 begins at 12:00 a.m. ET on September 1, 2023 and ends at 11:59 p.m.ET on October 31, 2023.
Eligibility: Open to all legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older (19 years of age or older in Alabama and Nebraska) as of date of entry, who identify as a mother. Officers, directors, and employees of PepsiCo, Inc., Pepsi-Cola Company (“Sponsor”), Daniel J. Edelman, Inc., SeekHer Foundation, and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (all such individuals and entities collectively referred to herein as the “Released Parties ”), and each of their respective shareholders, directors, officers, members and agents and their immediate family members (spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each, are not eligible to participate or win. Void where prohibited by law and subject to all federal, state and local laws.
How To Enter: During the Contest Period, you can enter the Contest by visiting www.PureLeaf.com/NoGrants (the “Site”) and following the instructions to complete the registration form, including providing answers to all of the following questions: 1) What part of motherhood and/or being a working mom is the most difficult for you to say ‘no’ to? (50 minimum word count, up to 200 words); 2) If awarded a Pure Leaf ‘No’ Grant, how will the grant support you in saying ‘no’? (50 minimum word count, up to 200 words); and 3) If awarded a Pure Leaf ‘No’ Grant, what will you say YES to? (50 minimum word count, up to 200 words); and 4) What does Pure Leaf’s message of “No Is Beautiful” mean to you? (50 minimum word count, up to 200 words) (collectively, the “Entry”). By completing the foregoing steps in a way that complies with the “Entry Requirements” (defined below), you will receive one (1) Entry for the Entry Period that corresponds to the date when you submitted your Entry. Entries will not carry forward to subsequent Entry Periods, if any. The person uploading the Entry will be deemed the entrant (the “Entrant”). There is a limit of one (1) Entry per Entrant per Entry Period. All Entries submitted by the same Entrant in the Contest must be unique. In other words, if an Entrant submits an Entry in all three (3) Entry Periods, that Entrant must submit three (3) different Entries. If an Entrant is selected as a winner of any Entry Period, the same Entrant cannot win a prize in any future Entry Periods in this Contest, if any. Entries must be written in English. All Entries must be received by the end of the applicable Entry Period. Normal Internet/phone access and data/usage charges imposed by Entrants’ online service will apply.
Entry Requirements: Each Entry must meet the following “Entry Requirements”: (i) the Entry must be the submitting Entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties and (ii) Entry must not include any content that is deemed by the Sponsor to be obscene, pornographic, libelous, or are otherwise objectionable.
Random Drawings/Grand Prize Winner Determination:
Random Drawings: On or about July 5, 2023 (for Entry Period 1), September 5, 2023 (for Entry Period 2), and November 3, 2023 (for Entry Period 3), five hundred (500) Entries per Entry Period (1,500 total) will be randomly selected from among all eligible Entries received during each Entry Period. Drawings will be conducted by an independent judging organization whose decisions are final and binding on all matters related to the Contest. The odds of being selected in the random drawing depend on the total number of eligible Entries received during each Entry Period.
Grand Prize Winner Determination: The five hundred (500) Entries selected in each Entry Period’s random drawing will be judged by a panel of judges, determined by representatives of the Released Parties (“Judges”) on or about August 11, 2023 (for Entry Period 1); October 13, 2023 (for Entry Period 2); and December 15, 2023 (for Entry Period 3) to determine two hundred (200) Grand Prize winners [seventy (70) from Entry Period 1, sixty-five (65) from Entry Period 2, and sixty-five (65) from Entry Period 3], based on the following criteria:
(i) What is the Entrant’s personal sense of understanding of what ‘doing it all’ means (34%)?
(ii) Does the Entrant demonstrate awareness of the significance of the grant beyond monetary value and their likelihood to continue advocating for their ‘no’ (33%)?
(iii) Did the Entrant share a response that was truly reflective of how the grant will help them say ‘no’ and reclaim their time (33%)?
The criteria outlined above will be collectively known as the judging criteria (the “Judging Criteria”). Ties will be broken for any tied Entries using the “Did the Entrant share a response that was truly reflective of how the grant will help them say ‘no’ and reclaim their time?” score only. Judges’ decisions are final with respect to all matters relating to the Contest and are not subject to challenge. By participating, Entrants agree to the Official Rules and the decisions of the Judges, which shall be final and binding in all respects. All decisions of the judges are final and not subject to appeal.
Grand Prize: There are two hundred (200) Grand Prizes available [seventy (70) from Entry Period 1; sixty-five (65) from Entry Period 2; and sixty-five (65) from Entry Period 3]. The Grand Prize consists of a single payment (awarded in the form of a check) in the amount of two thousand dollars ($2,000.00) as a little extra financial support to help the Grand Prize winner say “no” to “doing it all” (“prize”, “grant” or “No Grant”).
No substitution of prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if any portion of the prize listed is unavailable, in whole or in part, for any reason. Limit one (1) Grand Prize per person/household during the Contest Period.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
General Prize Conditions: The Grand Prizes will be awarded only if each potential Grand Prize winner fully complies with these Official Rules. All portions of the Grand Prize are non-assignable and non-transferable. Grand Prize pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. The Grand Prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of the prize or other items of value transferred to the Grand Prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of the prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in the Grand Prize winner forfeiting the Grand Prize and an alternate potential Grand Prize winner may be determined in accordance with these Official Rules. Sponsor will award the Grand Prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. The potential Grand Prize winners will be required to execute a Declaration of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release and Assignment of Rights (collectively, “Prize Claim Documents”). If a potential Grand Prize winner fails or refuses to sign and return all Prize Claim Documents within forty-eight (48) hours, that winner may be disqualified and an alternate winner may be determined. As part of the Prize Claim Documents, Grand Prize winners must agree to provide any additional photos and/or information to Sponsor or its agents as part of the eligibility process. By returning these requested documents, Grand Prize winners understand and agree that Sponsor may use or post those materials in any way they see fit. Return of prize notification email or Prize Claim Documents as undeliverable or if winner does not meet eligibility requirements may result in disqualification and alternate Grand Prize winner may be determined.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
General Rules: Winners and all Entrants and guests, as a condition of entry into the Contest and/or use of prize, agree to release the Released Parties 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 creation of or submitting an Entry, or otherwise participating in any aspect of the Contest, the receipt, ownership or use or misuse of the prizes awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Acceptance of prize constitutes permission to use Entrant’s name, likeness and Entry (as applicable) for promotional purposes (including any possible public relations opportunities) without further compensation, except where prohibited by law. By participating in the Contest, Entrants agree to be bound by these Official Rules and the decisions of the Judges. The Released Parties are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user, by any of the equipment or programming associated with or utilized in the Contest, or by any human error which may occur in the processing of the Entries in the Contest, or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding prize or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will judge the Entries from among all applicable eligible Entries selected in the random drawings prior to cancellation to determine the winners for each Entry Period. Sponsor may (if possible) determine the winners from all eligible, non-suspect Entries received for each Entry Period as of the date of the event giving rise to the termination based on judging criteria listed above in the event five hundred (500) Entries per Entry Period have not been received. Only the type and quantity of prize described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If 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 As a condition of participating in the Contest or winning a prize, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waive all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.
Rights in Entries: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants to the Released Parties, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Entry, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Released Parties shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which the Released Parties deem necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Released Parties shall retain the rights granted in each Entry even if the Entry is disqualified or fails to meet the Entry Requirements or even it if it determined that the entrant who made the Entry is ineligible to enter the Contest.
Representations and Warranties/Indemnification: Each Entrant represents and warrants as follows: (i) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Entry meets the Entry Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant agrees to indemnify the Released Parties and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by Entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by Entrant while participating in the Contest.
Publicity Release: Without in any way limiting the rights granted in the Entry, as set forth above, acceptance of prize constitutes winners’ permission for the Contest Entities to use each winner’s Entry (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Contest, Released Parties, and all uses of the Entry permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winner.
Nature of Relationship/Waiver of Equitable Relief: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Entry (if applicable) to Sponsor for purposes of the Contest does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Entry. Each Entrant understands and acknowledges that the Released Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Released Parties or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
No Obligation to Use: The Released Parties shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and the Released Parties may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
Anticipated Number of Entrants: Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
Further Documentation: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Sponsor’s request therefor.
Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
Arbitration Provision: By participating in this Contest, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Illinois; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the Entrant 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 Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
Winners List: For the names of the winners, available after December 1, 2023, send a stamped, self-addressed envelope by December 31, 2023, to: The “No” Grants Contest, 5550 Glades Road, Suite 305-2, Boca Raton, FL 33431.
Sponsor: The Sponsor of the Contest is Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY 10577.