NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Pepsi Super Bowl LIV Halftime Show Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States or the District of Colombia 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-Cola Company, its bottlers, the NFL Entities, 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator
Sponsor: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.
Administrator: Track Marketing Group, LLC, 115 W. 30th Street Suite 405, New York, NY 10001.
3. Sweepstakes Entry Period
The Sweepstakes begins on December 16, 2019 at 12:00AM Eastern Time (“ET”) and ends on December 20, 2019 at 11:59PM ET (the “Sweepstakes Entry Period”). Administrator’s computer is the official timekeeping device for the Sweepstakes.
4. How to Enter
There are two ways to enter during the Sweepstakes Entry Period:
- Twitter Method. 1) Follow @Pepsi on Twitter; and 2) Make a Tweet that includes @Pepsi, and #PepsiHalftimeSweeps. You will receive one entry for this method of entry. You must follow @Pepsi on Twitter at the time of entry and until the winner is finalized.
- NO PURCHASE NECESSARY. To enter without using your mobile device, you can enter via the Twitter Method by going directly to www.twitter.com from a computer. Follow @Pepsi on Twitter; and 2) Make a Tweet that includes @Pepsi and #PepsiHalftimeSweeps. You will receive one entry for this method of entry. You must follow @Pepsi on Twitter at the time of entry and until the winner is finalized.
The methods of entry are collectively a “Submission”.
Special Considerations for Twitter Entries: You must have your Twitter profile settings as PUBLIC (not protected) to enter your Submission. To participate in the Sweepstakes, if you do not already have a Twitter account, download the free Twitter application to either your mobile phone or computer and create an account as instructed. Getting a Twitter account is free. Submission must comply with Twitter’s Terms of Service, which can be found at https://twitter.com/en/tos. Limit of one entry per person per day and per Twitter account during the Sweepstakes Entry Period. Use of multiple Twitter accounts to enter by the same individual is prohibited and may result in disqualification. Submissions will be deemed to have been submitted by the authorized account holder of the Twitter account from which the Submission is uploaded at the time of the entry, as identified by the primary email address associated with that account.
Limit one (1) entry per person per day during the Sweepstakes Entry Period regardless of method of entry. You may only use one (1) Twitter account to participate in the Sweepstakes. Entrants may not share a Twitter 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 Sweepstakes, 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 Sweepstakes.
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 contest 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;
- Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- Contains any individual other than the entrant and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to sponsor;
- Contains look-alikes of celebrities or other public or private figures, living or dead;
- Communicates messages or images inconsistent with the positive images and/or good will to which sponsor wishes to associate; and/or
- Violates any law.
Submissions must meet the requirements state above. Sponsor reserves the right to reject any Submissions submitted in connection with the Sweepstakes for any reason.
5. Rights in Submissions
By uploading any Submission for this Sweepstakes, 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 Sweepstakes 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.
6. Sweepstakes Winner Selection
On or about two (2) days after the conclusion of Sweepstakes Entry Period, Administrator will select seventeen (17) entries for the grand prize described below in a random drawing of all valid entries received. Odds of winning depend on the number of eligible entries received within the Sweepstakes Entry Period. POTENTIAL WINNER WILL BE NOTIFIED BY DIRECT MESSAGE ON TWITTER FROM @PEPSI AND WILL BE REQUIRED TO RESPOND WITHIN 24 HOURS OF NOTIFICATION VIA EMAIL. Potential winner must follow the initial prize claim instructions and any subsequent claim instructions, or the prize will be forfeited in its entirety. It is recommended that you confirm your Twitter notification settings are turned on. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner is final and binding in all matters related to the Sweepstakes. Failure to respond to an initial notification within 24 hours will result in disqualification. Sponsor’s decision as to the administration and operation of the Sweepstakes and the selection of the potential winner is final and binding in all matters related to the Sweepstakes.
7. Verification of Potential Sweepstakes Winner
POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners may be required to sign and return to Administrator, within three (3) days of the date notice is sent, an affidavit of eligibility, 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.
8. Grand Prize
Seventeen (17) grand prizes will be awarded. Each grand prize winner will receive a trip for two (2) people (winner and one (1) guest) to Miami, FL to attend the Pepsi Super Bowl Half Time Show on Sunday, February 2, 2020 (the “Trip”). Trip includes round-trip coach class air transportation for winner and one (1) guest from an airport nearest winner’s residence, departing on January 30, 2020 and returning to winner’s home on February 4, 2020, one (1) double occupancy standard hotel room for three (3) nights, round trip ground transportation to/from: Miami airport, hotel, and halftime show, two (2) passes for sideline viewing of the Pepsi Halftime Show and $400 spending cash. Trip package included (2) Pepsi Super Bowl Half Time Show sideline passes and does not include tickets to the Super Bowl game and no ability to attend or watch the Game will be provided. Travel and accommodations subject to availability; certain restrictions and blackout dates may apply.
All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, baggage fees, personal charges at lodging, security fees, taxes or other expenses or incidentals are the responsibility solely of winner. Travel companions must be 18 years of age (19 in AL or NE) or older as of the date of departure. Winner and guest must travel on the same itinerary, on the dates specified above. No alternative dates or compensation is available. Travel companion will be required to sign a release before going on the trip. Winner and travel guest must have all necessary travel documents. Any picture identification requirements associated with air travel are the winner and travel guest’s responsibility. Grand Prize winners are responsible for checking with their local carrier for any revised travel document requests which may have been imposed in the New Year. No warranty or guarantee will be given by Sponsor with respect to the prize. 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. 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. If the date or location for the scheduled activity is changed the trip that is stated in these rules can change. 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. Taxes, meals, gratuities, travel upgrades, or any other expenses not specifically listed herein are the sole responsibility of winner. If Grand Prize winner resides within 100 miles of Miami, FL ground transportation may be substituted in lieu of air transportation in Sponsor’s sole discretion. All airports, airlines, hotel and ground transportation are to be selected by Sponsor at its sole discretion.
All potential Grand Prize winners and their travel guest will be subject to background checks administered by the NFL and is subject to NFL’s sole discretion on whether the Grand Prize winner or travel guest will be granted access to the Half Time Show. If either the Grand Prize winner or their travel guest do not pass the NFL background checks, the Grand Prize winner will forfeit their prize and Sponsor shall have no further liability or obligation to the winner or their travel guest.
The Approximate Retail Value (“ARV”) of each Grand Prize is Five Thousand Dollars ($4,700). The ARV of all Grand Prizes is Seventy Nine Thousand Nine Hundred Dollars ($79,900).
9. 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 Sweepstakes; (b) release and hold harmless the Sponsor, PepsiCo, Inc., Pepsi-Cola Company, its bottlers, the NFL Entities, 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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
Except where prohibited, participation in the Sweepstakes 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.
11. General Conditions
Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Sweepstakes, 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes 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.
12. 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 Sweepstakes; (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 process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes 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 Sweepstakes. 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.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, 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 Sweepstakes, 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 Sweepstakes, 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.
15. Winners List
For the Winners List, email your request to PepsiHalftime@trackmarketing.net. Requests for the winner list must be received by April 1, 2020. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THIS EMAIL ADDRESS.
16. The NFL Entities
The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this Sweepstakes in any way.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter.