AQUAFINA "PLEDGE. DRINK. WIN." SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE AQUAFINA "PLEDGE. DRINK. WIN." SWEEPSTAKES ("PROMOTION") IS ONLY OPEN TO LEGAL U.S. RESIDENTS RESIDING IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA THROUGHOUT THE PROMOTION PERIOD WHO ARE 13 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION. PROMOTION SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND OF THE STATE OF NEW YORK. DO NOT PARTICIPATE IN THIS PROMOTION UNLESS YOU ARE ELIGIBLE. VOID WHERE PROHIBITED.
1. TO ENTER: No purchase, and no Entry fee, payment or proof-of-purchase necessary to participate in Promotion. Promotion begins at 12:00:00 p.m. (noon) Eastern Time ("ET") on May 8, 2014 and ends at 11:59:59 a.m. ET on July 1, 2014 ("Promotion Period").
During the Promotion Period, take a photograph of yourself drinking Aquafina (or a glass of water to participate without making a purchase) (the "Photo"). No purchase of any product is required; a purchase will not improve your chances of winning. Entries will not be judged. Next, visit www.mlb.com/Aquafina ("Web Site") and follow the onlineinstructions to register and upload your Photo (an "Entry"). All Entries must be received during the Promotion Period. Limit one (1) Entry per person/email address per day. A day shall be defined as 12:00:00 a.m. ET to 11:59:59 p.m. ET, except the first day of the Promotion Period which is defined as beginning at 12:00:00 p.m. ET and ending 11:59:59 p.m. ET the same day, and the last day of the Promotion Period which is defined as beginning 12:00:00 a.m. ET and ending 11:59:59 a.m. ET the same day. The computer of the Web Site is the official time-keeping device of the Promotion.
Standard data charges may apply if participating via your mobile phone. Entries must comply with any applicable submission requirements located at Web Site including, but not limited to all format and size requirements and the technical, creative, and legal requirements set forth in these Official Rules.
The name of the person submitting an Entry into the Promotion must be the name of the authorized account holder of the email account used to enter, otherwise, Entry may be deemed void. In the event of dispute over the identity of a potential winner, Entry will be declared made by the authorized account holder of the email address associated with the Entry submitted, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account hold of such email address.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER PHOTO MAY BE POSTED ON WEB SITE, AT SPONSOR'S AND MLBAM'S DISCRETION. Submission of an Entry grants Sponsor, its agents and the MLB Entities the right to publish, use, adapt, edit, publicly perform and/or modify the Photo included in such Entry in any way, in any and all media now known or hereafter devised, in perpetuity, worldwide, including for use in advertising and marketing, without limitation, and without consideration to the entrant.
Proof of submitting an Entry does not constitute proof of delivery or Entry. All Entries become the property of Sponsor and will not be returned to entrant.
2. ENTRY SUBMISSION GUIDELINES : By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor or any MLB Entity under any obligation to use or post any Entry (or any portion thereof) you submit. Sponsor and the MLB Entities reserve the right to, and may or may not, monitor/screen Entries.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) that you have obtained permission from a person whose name, likeness or image is used in the photo (if any); and (d) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Each entrant will indemnify, defend and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor's and the MLB Entities' use of such Entry, in a form satisfactory to Sponsor and/or the MLB Entities, as applicable, upon request, prior to awarding of prize.
As determined by the Sponsor and/or the MLB Entities, in their sole discretion, Entries must meet the following guidelines:
a. Must comply with these Official Rules and any Terms of Service on the Web Site;
b. Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
c. Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
d. Cannot be obscene or offensive, endorse any form of hate or hate group;
e. Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities;
f. Cannot defame, misrepresent or contain disparaging or slanderous remarks about the MLB Entities, Sponsor, its customers or its products, or other people, products or companies;
g. Cannot contain trademarks, logos or trade dress owned by others (except Sponsor's), or advertise or promote any brand or product of any kind (except Sponsor's), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
h. Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by Sponsor, without permission;
i. Cannot contain background artwork, unless it is an original work of the entrant;
j. Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission;
k. Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor or the MLB Entities wishes to associate;
l. Cannot depict, and cannot itself, be in violation of any law.
If Sponsor or the MLB Entities, at any time during the Promotion Period, receives a complaint, (including but not limited to a cease and desist letter, general letter of complaint, etc.), alleging intellectual property infringement in an Entry, Sponsor and the MLB Entities reserve the right to remove such Entry at any point in the Promotion Period, without prior notice and Entry will be deemed void and ineligible to receive any prizes.
ENTRIES POSTED TO THE WEB SITE (IF ANY) WERE NOT EDITED BY SPONSOR OR THE MLB ENTITIES AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR OR ANY MLB ENTITY IN ANY MANNER.
3. RANDOM DRAWING: Potential winners will be selected in a random drawing conducted by an independent judging agency whose decisions are final and binding to take place on or about July 2, 2014, from among all eligible Entries received throughout the entire Promotion Period. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winners will be declared the official winners of the Promotion. Odds of winning are solely dependent upon the total number of eligible Entries received. All Entries submitted during the Promotion Period are only eligible for this Promotion and do not remain eligible for any subsequent Promotion.
4. PRIZE DETAILS: Three (3) Prizes will be awarded each consisting of a trip for winner and one (1) guest to Minneapolis, Minnesota. Travel dates: July 13, 2014 – July 16, 2014. Trip consists of: Round-trip coach air transportation for two (2) from an airport near winner's home (airport and carrier selected by Sponsor), one (1) double-occupancy hotel room for three (3) nights, two (2) tickets for winner and one (1) guest to each of the following events: one (1) day of 2014 T-Mobile All-Star FanFest (see tickets for applicable day); 2014 Home Run Derby® (July 14, 2014); and the 2014 MLB® All-Star Game® (July 15, 2014) (each an "Event"), and $250.00 awarded in the form of a check, payable to winner. The prizes do not include tickets to any event or exhibition during the 2014 MLB All-Star Week other than as specifically set forth herein. Seating assignments at the Events (as applicable) are at Sponsor's sole discretion. All other expenses not specifically mentioned herein are solely the responsibility of each prize winner. Travel and accommodations are subject to change. All travel subject to availability, blackout periods, government restrictions and regulations, hotel, airline, airport or other transportation terminal (or other types of transportation) restrictions and regulations. Other restrictions may apply. Sponsor and Promotion Parties assume no responsibility for canceled, delayed, suspended or rescheduled events (including, but not limited to airline flights, events) beyond its control. A minor guest must be accompanied by minor's parent or legal guardian who must be the winner. If winner is a minor, guest must be winner's parent or legal guardian. Travel guest (if minor, his/her parent or legal guardian) must sign and return a travel release before any ticketing or travel occurs. Winner and travel guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver's license) required for travel within the United States. Winner and travel guest must travel on same itinerary. Approximate Retail Value ("ARV") of each Prize is $6,020.00 depending upon winner's point of travel origin.
Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and may be subject to change. The terms and conditions of the tickets awarded as prizes may govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Prize winners and his/her guest agree to comply with all applicable ballpark regulations in connection with the prize. The applicable MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the MLB Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as the prize may not be resold or offered for resale. Any such resale may result in disqualification and forfeiture of prize, and may invalidate the license granted by the game ticket(s).
Total ARV of all prizes is $18,060.00.
5. ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT RESIDING IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA THROUGHOUT THE PROMOTION PERIOD AND 13 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION. Potential winners may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility and as a condition of prize award. Pepsi-Cola Company ("Sponsor") and its bottlers, and all of their respective parents, licensees, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies, the MLB Entities (defined below) (collectively, "Sponsor and Promotion Parties"), and the immediate family members (parent, child, sibling or spouse of any of the foregoing, including step-parent, step-child or step-sibling) and household members of such individuals (whether related or not) of each, are not eligible to participate or win.
6. GENERAL: This Promotion is governed by the laws of the United States and of the State of New York, without respect to conflict of law doctrines. No substitution of prize is offered, no transfer of prize to a third party is permitted, and non-cash prizes may not be redeemed for cash value. Sponsor reserves the right to substitute a prize of equal or greater value in the event any portion of the prize becomes unavailable. As a condition of participating in this Promotion, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participants' actual out-of-pocket expenses (e.g. costs associated with participating), and participants further waive all rights to have damages multiplied or increased. Prize winners will be solely responsible for all applicable federal, state and local taxes on prize. Winners will receive an IRS Form 1099 for the retail value of the prize. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of each winner. Any portion of a prize not accepted by winner will be forfeited.
7. CONDUCT: By participating in this Promotion, participants agree to be bound by these Official Rules and the decisions of the judges that shall be final and binding in all respects. The Official Rules will be available at the Web Site throughout the Promotion Period. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Promotion or the Web Site; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor and/or MLBAM to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THE MLB ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEY'S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties assume no responsibility or liability for incorrect or inaccurate entry information, technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Web Site: 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 e-mail or online transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Promotion. Sponsor and Promotion 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 Web Site, including without limitation any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Promotion, or use of or download of any information from the Web Site. Use of Web Site is at user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY 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; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. By entering and/or participating, all entrants, winners, on behalf of themselves, their executors, heirs and assigns, agree to: (a) release Sponsor and Promotion Parties from any and all liability, claims or damages, demands or actions or causes of action of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the conduct, promotion or outcome of the Promotion, the receipt, ownership or use of the prize or while preparing for, participating in or traveling to and/or from any prize-related activity in connection with the Promotion or otherwise, and; (b) indemnify and hold harmless Sponsor and Promotion Parties from and against any and all claims arising from the acts or omissions of participant or winner. Under no circumstances will Sponsor and Promotion Parties be liable for punitive, incidental, consequential, or any other damages. If, for any reason, the Promotion is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If the Promotion is cancelled or terminated, Sponsor will award the prizes, as determined by an independent judging agency, from among all eligible entries received before the date/time of cancellation and/or termination.
9. WINNER NOTIFICATION: Prize will be awarded to winner's parent or legal guardian if a potential winner is a minor. Potential winners will be notified by phone and/or email and will be required to respond to the notification within twenty four (24) hours indicating whether he/she can accept the prize. Each potential winner (if minor, his/her parent or legal guardian) will be required to sign and return an Affidavit of Eligibility/Liability Release with (where lawful) a publicity release within three (3) days of attempted winner notification as indicated by the date on the Affidavit. Failure to return any required documents within three (3) days may result in prize forfeiture, and an alternate potential winner may be selected, time permitting, by random drawing from among all remaining eligible Entries received. Prize may also be forfeited and an alternate potential winner may also be selected by random drawing from among all remaining eligible Entries received in the event that (i) winner notification or prize returned as undeliverable without a forwarding address; (ii) a winner cannot travel on the dates specified; (iii) prize notification is not responded to Sponsor within twenty four (24) hours; or (iv) prize is declined for any reason. Any alternate potential winners selected by random drawing from among all remaining eligible Entries received will also be required to adhere to the time periods described herein. Any portion of a prize not accepted by the winner will be forfeited. Upon forfeiture for any reason as stated within these Official Rules, no compensation will be given except in Sponsor's sole discretion.
Any waiver of any obligation hereunder by Sponsor and Promotion Parties does not constitute a general waiver of any obligation to entrants. By accepting a prize, each winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winners hereby waive in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.
10. WINNER RELEASES: All participants, as a condition of participating in the Promotion, agree to release Sponsor and Promotion 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 submitting an entry or otherwise participating in any aspect of the Promotion, the receipt, ownership or use of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or any typographical or other error in these Official Rules or the announcement or offering of any prize. Each winner shall bear all risk of loss or damage to their prize after it has been delivered. Sponsor and Promotion Parties make no representations or warranties of any kind concerning the appearance, safety or performance of any prize (or any portion thereof); except for any express manufacturer's warranty as may be included with the prize. Except for residents of Tennessee and where prohibited by law, winner grants to Sponsor and the MLB Entities the right to print, publish, broadcast and use worldwide, in perpetuity, in any and all media now known or hereinafter known, the winner's name, address, voice, statement, picture or other likeness, without further compensation, permission or notification for public relations, advertising and promotional purposes as may be determined by Sponsor and the MLB Entities.
11. WINNERS' LIST: For the names of the winners, send a self-addressed, stamped envelope, to be received by August 4, 2014, to: Aquafina "Drink. Pledge. Win." Sweepstakes Winner's List,P.O. Box 3000 , Dept. 896-710 , Young America, MN 55558-3000.
12 . SPONSOR: Pepsi-Cola Company,700 Anderson Hill Road, Purchase, NY10577 .
Major League Baseball trademarks and copyrights are proprietary to the MLB Entities. All rights reserved. This Promotion is not produced, sponsored or executed by any MLB Entity.
The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., MLB Advanced Media, L.P. ("MLBAM"), the Major League Baseball Clubs ("Clubs"), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, employees, directors, officers and agents of the foregoing entities.