PURE LEAF ZERO SUGAR UNBELIEVABLY SWEET
FILES GIVEAWAY OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility
Pure Leaf Zero Sugar The Unbelievable Giveaway (the “Giveaway”) is open only to legal residents of the fifty (50) United States or the District of Columbia who are 18 years of age (19 in AL or NE) or older at time of entry. Void where prohibited by law. Employees of Pepsi/Lipton Tea Partnership, PepsiCo, Inc., Pepsi-Cola Company, its bottlers, and Track Marketing Group, LLC, or any of their respective parents, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Giveaway and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Giveaway is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor and Administrator
Sponsor: Pepsi Cola Company,700 Anderson Hill Road, Purchase, NY 10577.
Administrator: Track Marketing Group, LLC, 115 W. 30th Street Suite 403, New York, NY 10001.
Giveaway Entry Period
The Giveaway begins on March 27, 2024 at 12:00AM Eastern Time (“ET”) and ends on April 17, 2024 at 11:59PM ET (the “Giveaway Entry Period”). Administrator’s computer is the official timekeeping device for the Giveaway.
How to Enter
During the Giveaway Entry Period go to www.PureLeafZeroSugar.com and register by providing your full name, email address, mailing address, date of birth and providing a response to the question, “Describe an unbelievable experience you've had. Just like the first sip of Pure Leaf's New Zero Sugar Sweet Iced Tea, your story should be almost too mysterious and incredible to believe.” (the “Submission”). The Submission must be between 50 and 200words. You will automatically receive one (1) entry into the Giveaway.
Limit one (1)per person during the Giveaway Entry Period. You may only use one (1) email address to participate in the Giveaway. Entrants may not share an email address account. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. By entering this Giveaway, entrants agree to these Official Rules and the decisions of the Sponsor and Administrator, which are binding and final in all matters relating to this Giveaway.
Submission Requirements
Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that:
Is sexually explicit; 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;
Is obscene or offensive; endorses any form of hate or hate group;
Appears to duplicate any other submitted entries;
Defames, misrepresents or contains disparaging remarks about other people or companies;
Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
Violates any law; and/or
Be less than 50 words nor more than 200 words.
Submissions must meet the requirements state above. Sponsor reserves the right to rejectany Submissions submitted in connection with the Giveaway for any reason.
Rights in Submission
By uploading any Submission for this Giveaway, each entrant hereby grants to the Sponsor the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised. Each entrant authorizes the Sponsor, and any entities affiliated or in privity with the Sponsor, to utilize, for eternity and in any manner the Sponsor sees fit, and to make derivative works of such materials. Each entrant agrees that the results and proceeds of such use shall become the property of the Sponsor and shall be freely assignable by the Sponsor, and that the Sponsor and its assignees and licensees shall have no obligations whatsoever to entrant. Each entrant agrees and acknowledges that participation in the Giveaway shall not give rise to any confidential, fiduciary, implied-in-fact, implied in law, or other special relationship between the Sponsor and entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements to the entrant’s Submission, and that only contracts, express or implied, between the Sponsor and entrant is as set forth in these Official Rules and the release forms. Sponsor might ‘Like’ or ‘Favorite’ a Submission and doing so does not increase chances of winning.
Giveaway Winner Determination
On or about April 18, 2024,Administrator will randomly select 250 Submissions in a random drawing of all valid entries received. Then Administrator will judge the randomly selected 250 Submissions on the following four criteria:
i. Creativity: assess the originality of the encounter. Is it engaging and captivating? (25%)
ii. Believability: how plausible is the story? Evaluate whether the story is balanced between being
unbelievable and still within the realm of possibility. (25%),
iii. Uniqueness: is the story different from typical or1 expected narratives? (25%)
iv. Impact: does the story leave a lasting impression on the judges? (25%).
The 100 Submissions that score the highest will be prize winners. If there is a tie between two or more Submissions for a prize, the Submission that had the higher score for Creativity will win.
Odds of winning depend on the number of eligible entries received within the Giveaway Entry Period and the quality of the Submission. POTENTIAL WINNERS WILL BE NOTIFIED BY EMAIL AND WILL BE REQUIRED TO RESPOND WITHIN 48 HOURS OF NOTIFICATION VIA EMAIL. Potential winners must follow the initial prize claim instructions and any subsequent claim instructions, or the prize will be forfeited in its entirety. Sponsor’s decisions as to the administration and operation of the Giveaway and the selection of the potential winner is final and binding in all matters related to the Giveaway. Failure to respond to an initial notification within48 hours will result in disqualification. Sponsor’s decision as to the administration and operation of the Giveaway and the determination of the potential winner is final and binding in all matters related to the Giveaway.
Verification of Potential Giveaway Winners
POTENTIAL GIVEAWAY WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. Potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winner may be required to sign and return to Administrator, within five (5) days of the date notice is sent, an affidavit of eligibility, IRS Form W9, and liability/publicity release(except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner is disqualified for any reason, Sponsor may award the prize to an alternate winner by random drawing from among all remaining eligible entries. Only four alternate drawings will be held for each Drawing Period, after which the applicable prize(s) will remain un-awarded.
Prizes
One Hundred (100) prizes will be awarded. Each prize winner will receive (1) Bottle of Pure Leaf Zero Sugar and branded holographic stickers. Approximate retail value of each prize is $15.
For all Prizes: Prizes will be delivered approximately 4 –6 weeks after winner finalization. Sponsor and Administrator are not responsible for lost or damaged prize delivery. Prize is non-transferable. No substitution, cash redemption, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state and local taxes, if any, related to a prize are the responsibility of the individual winner. Any and all guarantees and warranties are subject to the manufacturers or service provider’s terms and conditions ,and the winner agrees to look solely to such entity for any such warranty or guarantee claim. Approximate retail value of all prizes is$15.
Entry Conditions and Release:
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and Administrator which are binding and final in all matters relating to this Giveaway; (b) release and hold harmless the Sponsor, PepsiCo, Inc., Pepsi-Cola Company, its bottlers, Administrator and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaway and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Giveaway, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Giveaway and/or entrant’s acceptance, use or misuse of prize.
Publicity
Except where prohibited, participation in the Giveaway constitutes winner’s consent to Sponsor and its agents use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
General Conditions
Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor or Administrator’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Administrator in their sole discretion. Sponsor or Administrator reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2)technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware or software; (3) unauthorized human intervention in any part of the entry processor the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Giveaway. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the South District of New York or the appropriate New York State Court located in Westchester County, New York; (ii)any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Privacy
Except as noted in these Official Rules, information collected for this Giveaway is used only for the purpose of Giveaway administration and winner notification and will not be re-used, sold or shared in any manner by the Promotion Parties or any third parties unless you have elected to receive additional information or promotional material from the Sponsor, or a third party. By participating in the Promotion, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available athttps://www.unilevernotices.com/privacy-notices/usa-english.html. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.
Winners List
For the Winners List, email your request to zerosugarpromotion@trackmarketing.net. The subject of the email must contain, “Winners List - Pure Leaf Zero Sugar Unbelievably Sweet Files Giveaway”. Requests for the winner list must be received by JULY 1,2024. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THIS EMAIL ADDRESS.