IZZE VALENTINE’S CONTEST (“Contest”) OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
- ELIGIBILITY: Open only to legal US residents who are 16 years of age or older residing in one of the fifty (50) United States or the District of Colombia (the “Territory”) and have a valid Instagram Account which is public. Void where prohibited or otherwise restricted by law. Eligibility decisions shall be made and determined by Sponsor in its sole discretion. Employees, contractors, consultants, interns, directors and officers of: PepsiCo, Inc., Izze Beverages Company, (“Sponsor”), Pepsi-Cola Company, its bottlers and distributors and each of their respective subsidiary and affiliated companies, and web design, advertising, fulfillment, insurance agencies, judging and promotions agencies involved in the administration, development, fulfillment and execution of this Contest are not eligible to participate (collectively, “Contest Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent and/or "step") and those living in the 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 Contest) of each such employee, contractor, consultant, intern, director or officer of any Contest Party.
- CONTEST PERIOD: The Contest between 9:00 am Eastern Time in the United States (“ET”) on 2/1/19 and 6pm ET and ends at 11:59:59 p.m. ET February 12, 2019 (“Contest Period”). Sponsor shall have the right but not the obligation to extend the Contest Period or declare the Contest as void if fewer than ten (10) unique submissions reflecting the criteria described in these Rules have been submitted by the end of the Contest Period. The requirement for at least ten (10) unique submissions is justified by the need for the judges to have enough qualified entries to select winner(s) on a fair basis.
TO ENTER: To enter the Contest, you must be a registered member of Instagram. If you are not a registered member of Instagram, please visit https://www.instagram.com to register for an account. Registration for and use of Instagram and other Instagram, applications are subject to Instagram’s terms and conditions and Sponsor has no responsibility with respect to such registration or use.
By uploading your Submission, you agree that you have read or have had these Official Rules read to you and you are in agreement with these Official Rules. Sponsor takes no responsibility and assumes no liability for any Submission that you or anyone else creates, stores, shares, posts or otherwise transmits. You shall be solely responsible for your Submission and the consequences of posting, publishing it, or sharing it. You agree to bear any legal responsibility for the content of your Submission and you agree to defend, indemnify, and hold harmless Sponsor and the Contest Parties from any and all liability arising from your access to or creation, use, or sharing of any Submission. Submissions that do not include all required information and adhere to these Official Rules as determined by Sponsor, in its sole discretion, will be considered void. Once uploaded, Submissions may not be acknowledged or returned. Sponsor may, in its sole discretion, disqualify any Submission and/or Entrant (as defined in “Guidelines and Restrictions” below) it deems inappropriate or otherwise non-compliant.
Each Submission will be subject to a twenty-five (25) word limit. Limit two (2) Submissions per name/address/Instagram account.
Judging Criteria (“Judging Criteria”) is as follows:
- Originality and Creativity – 100%
Guidelines and Restrictions
- Submissions must be in English, as determined by Sponsor in its sole discretion.
- The one (1) person who is the authorized account holder of the Instagram account used to enter the Contest will be deemed the entrant (“Entrant”). Should a dispute arise regarding the identity of the Entrant, the authorized account holder of said account at the time of entry will be considered the Entrant.
- Each individual Entrant is allowed a total of two (2) Submissions during the Contest Period.
- Entrant must be an individual. No group or team submissions permitted.
- Limit one (1) Prize per person, household and/or email address.
- Each Submission:
- must not have been entered in or won previous contests or awards;
- must not have been published previously in any medium; it must not infringe on any party’s intellectual property, including but not limited to copyright, trademark or right of privacy or publicity or any other rights;
- must be suitable for display and publication, including for display and publication online (e.g. it may not be obscene or indecent, including but not limited to nudity or profanity); it must not contain obscene or pornographic material, it must not contain defamatory statements or messages (including but not limited to words, images, or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic or other group), it must not include threats to any person, place, business, group or world peace, it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations;
- must not feature or refer to any food or beverage products other than IZZE Beverage products;
- must not mention any third party trademarks or logos;
- must not mention alcohol products, tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco, electronic cigarettes, and snuff), contraceptives, feminine hygiene products, fireworks, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries and gambling (including horse or dog racing and products or services related to gambling);
- must not contain any copyrighted works.
Eligible Submissions will be judged by designated employees of Sponsor and representatives of third parties designated by Sponsor; however, such judging does not relieve Entrant from responsibility for compliance with these Official Rules. Submissions that do not comply in all material respects with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for prizes. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a prize.
By entering this Contest and uploading your Submission, you irrevocably grant to Sponsor and its agents, to the extent permissible by law, the unconditional and perpetual right to post, display, broadcast, publish, use, adapt, edit, translate, dub, and/or modify such Submission in any way, in any and all media, throughout the world, for any purpose, without limitation, and without notice or consideration to you. By entering this Contest and uploading your Submission, you further irrevocably assign and transfer to the Sponsor any and all rights, goodwill, title and interest in the Submission, including, without limitation, all copyrights and, where legally permissible, waiving all moral rights in the Submission for use in relation to the Contest and/or allowing Sponsor to modify the Submission as described in these Official Rules and in promotion (including but, not limited to print, digital, social, or other medias) of Sponsor and its products. Entrant also consents to the Sponsor or their agents doing (or omitting to do) any acts in respect of the Submission which may otherwise constitute an infringement of the Entrant’s moral rights. All Contest Entrants further agree to release and indemnify and hold harmless Sponsor and the Contest Parties from any and all claims that may arise in connection with any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor of Entrant’s work as contained in any Submission.
SELECTION OF WINNERS: All eligible Essay Submissions submitted during the Contest Period will be reviewed by Sponsor and such judges as designated by Sponsor. Such judges will evaluate each such eligible Submission based on the Judging Criteria set forth above in Rule #3. Sponsor reserves the right to select a lesser number of Semi-Finalist Submissions in its sole discretion. Entrants agree to submit such documentation and verification as Sponsor may require in order to verify an Entrant’s compliance with these Official Rules and eligibility to participate in this Contest.
In the event of a tie the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria, in order, as needed to break the tie. If a potential Winner is not compliant with these Official Rules or not otherwise eligible to participate in this Contest, as determined in Sponsor’s sole discretion, then the potential Winner’s Submission will be deemed ineligible and Sponsor may select the Submission with the next highest total score under the Judging Criteria as a Submission in its place.
If attempted notification is returned as undeliverable or if a potential Winner fails to respond to notification requests from Sponsor, if a potential Winner cannot be verified, if a potential Winner or its Submission is not in compliance with these Official Rules, or if a potential Winner is otherwise unable to accept prize, prize will be forfeited and another Submission may be selected as a potential Winner provided sufficient time remains, in Sponsor’s discretion or otherwise disposed of as required by law.
Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor shall be final and binding and not subject to challenge or appeal. All Winners, by acceptance of a Contest prize agree, to the maximum extent permitted by law, to release, indemnify and hold harmless the Sponsor and other Contest Parties, as well as each of their respective parent, subsidiary and affiliated companies, and each of their respective employees, officers, directors, representatives, contractors, advertisers, sponsors and agents (collectively, the “Released Parties”) from any and all liability, loss, damage, cost or claim related to the acceptance, use or misuse of their prize, including their participation in any prize-related activity.
GRAND PRIZE: One (1) Grand Prize will be awarded to the Entrant who received the highest score from the judging. The Grand Prize consists of one (1) orange cruiser bicycle and helmet. The bicycle requires assembly. The Estimated Retail Value is $300.
FIRST PRIZE: Four (4) First Prizes will be awarded to the Submissions which received the next four (4) highest judging percentage. The First Prize consists of one (1) IZZE branded tote bag, Pop-Socket, hat, and towel. The Estimated Retail Value is $25.
GENERAL CONDITIONS: All Entrants must have a valid email address. Where applicable and except where prohibited by law, prize winners are solely responsible for any taxes on their respective prizes and may receive a Form 1099 for the taxable value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. Unclaimed prizes will not be awarded or will otherwise be dealt with according to law. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry or voting process or the operation of the Contest or any Sponsor or Contest-related Web Site; (b) violating these Official Rules; (c) violating the Contest Site’s terms of service, conditions of use and/or applicable general rules or guidelines; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (e) engaging in fraud, dishonesty or illegal activity; (f) attempting to deliberately damage or corrupt or otherwise attempting to undermine the legitimate operation of the Contest, and/or Sponsor’s business operations, including without limitation by cheating, hacking, deception, and/or other unfair practices, including but not limited to using automated entry or voting programs and/or devices; (g) colluding to alter the results of the Contest; and/or (h) giving false or misleading information to Sponsor or Contest Parties.
Sponsor may, to the maximum extent permissible by law, sanction any individual who engages in the above conduct or acts in a way that compromises the integrity of the Contest. The nature and extent of such sanction shall be in Sponsor’s sole and absolute discretion and may include disqualification or loss of privilege to participate in any other Sponsor contests or promotions.
This Contest is governed by the laws of the state of New York. If any provision of the these Official Rules or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable or void, such decision shall not have the effect of invalidating or voiding the remainder of these Official Rules, it being the intent and agreement of the parties that these Official Rules shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal and enforceable so as to materially effectuate Sponsor’s intent.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE CONTEST SITES OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- WINNER NOTIFICATION: Winners will be notified by email, phone, and/or Instagram on or about the dates set forth above and the Grand Prize winner will be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a Publicity Release (collectively, the “Releases”). Prizes may be forfeited and alternate winners may be selected if any required documents are not returned within the required time period or if an Entrant fails to respond to Sponsor notifications or if an Entrant Grand Prize Winner may be required to sign one or more additional releases, in Sponsor’s discretion.
LIMITATIONS OF LIABILITY AND RELEASE: To the maximum extent permitted by law, no liability or responsibility is assumed by the Sponsor and other Released Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor and other Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Contest Site in whole or in part for any reason; traffic congestion on the Internet or the Contest Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. To the maximum extent permitted by law, the Sponsor and other Released Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Contest Site. Use of the Contest Site is at user’s own risk. To the maximum extent permitted by law, the Sponsor and other Released Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person's computer equipment resulting from participation in the Contest, use of the Contest Site or the download of any information from the Contest Sites. By participating in the Contest, to the maximum extent permitted by law, Entrants and Winners agree to release and hold harmless the Sponsor and other Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to or participation in the Contest, or possession, acceptance, use and/or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. The Sponsor and other Released Parties are not liable in the event that any portion of the Contest, event or the event broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL THE SPONSOR OR OTHER RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST SITE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OR APPS ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- WINNERS’ LIST/RULES REQUEST: Winners will be announced between 2/13/19 and 2/28/19 on the @IZZEOFFICIAL Instagram page.
- SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.