Pepsi Zero Sugar Text to Win Sweepstakes (The “Sweepstakes”) Official Rules
NO PURCHASE OR TEXT MESSAGE NECESSARY TO ENTER OR WIN. A PURCHASE OR TEXT MESSAGE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. TRAVEL NOT INCLUDED.
ELIGIBILITY: The Sweepstakes is open only to legal residents of Arizona (the “Eligible Territory”) who are eighteen (18) years of age or older at the time of entry. Employees, officers, and directors, and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and members of the same household (whether or not related), of AZPB Limited Partnership (dba the “Arizona Diamondbacks”), PEPSICO, Pepsi-Cola Company and its bottlers (collectively, the “Pepsi Beverages Company”) (Arizona Diamondbacks and the Pepsi Beverages Company are collectively referred to herein as, “Sponsors”), the other MLB Entities and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any other entity associated with the Sweepstakes are not eligible to participate or win a prize. “MLB Entities” means the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, 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, directors, officers, employees, and agents of the foregoing entities. The Sweepstakes is subject to all applicable rules, and regulations. Void outside the Eligible Territory and where prohibited or restricted by law, rule, or regulation.
HOW TO ENTER: The Sweepstakes entry period begins at 12:00 a.m. Mountain Standard Time (“MST”) on September 12, 2022 and ends at 11:59 p.m. MST on September 18, 2022 (“Entry Period”). You may enter the Sweepstakes via text messaging or by email. No other method of entry will be accepted. Limit one (1) entry per person/email address/household, regardless of method of entry. Additional entries beyond the specified limit will be void.
1. Text Messaging Method: To enter via text messaging, text the keyword “ZEROSUGAR” to 76925 from your mobile device. By entering via text messaging, you agree to receive a text message sent to your mobile phone confirming your entry into the Sweepstakes. Text STOP to cancel. Text HELP for help. For more information or customer support, visit mlb.com/help. NOTE: You will be charged standard messaging and/or data rates for each text message sent from and received by your device according to the terms of your wireless service agreement. You must be a wireless service subscriber with text messaging functionality to enter via this method. Check your phone capabilities for specific text messaging instructions. Text messaging is not available in all areas.
2. Email Method: To enter via email, send an email with “Pepsi Zero Sugar Text to Win Sweepstakes Entry” in the subject line to [email protected] and include in the body of such email all of the following information: your full name, street address, city, state, zip code, day and evening telephone numbers (including area codes), date of birth, and the following statement: “I acknowledge that I have read, understand, and agree to the Sweepstakes Official Rules.” Incomplete and/or inaccurate entries are void. Sponsors will use email addresses provided via email for prize notification purposes only. Email entries must include be received by the close of the Entry Period. Email entries will not receive a reply or acknowledgement.
RANDOM DRAWING; ODDS: On or about September 20, 2022 (“Drawing Date”), ten (10) potential winners winners will be selected by random drawing from among all eligible entries received. Subject to verification of eligibility and compliance with these Official Rules, the potential winners will be declared the official winners of the Sweepstakes. Odds of winning depend on the total number of eligible entries received.
PRIZES:
Ten (10) Prizes Will Be Awarded. Each potential winner will receive: (i) two (2) suite-level tickets for winner and one (1) guest for the Arizona Diamondbacks home game on September 24, 2022. Exact game date is subject to change in Sponsors’ sole discretion. (Approximate Retail Value of each prize: $550.00.) TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED.
PRIZE CONDITIONS: All prize details shall be determined in the sole and absolute discretion of Sponsors. Each winner is fully responsible for any and all applicable taxes (including income and withholding taxes). All costs and expenses associated with prize acceptance and use which are not specifically included in the prize description above, including but not limited to transportation, lodging, meals, gratuities, insurance, and other expenses, are the sole responsibility of the winner. The prize is non-transferable and non-assignable, with no cash redemptions except at Sponsors’ sole and absolute discretion. Sponsors reserve the right to substitute the prize (or any portion thereof) with a prize of comparable or greater value at their sole and absolute discretion. Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see dbacks.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsors. Each winner’s guest(s) must be eighteen (18) years of age or older unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, pandemics, civil disturbance, or any other reason. Each winner and her/his guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize; see dbacks.com/ballpark for details. Sponsors and the other MLB Entities reserve the right to remove or to deny entry to any winner and/or her/his guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game/event/exhibition ticket. Participation in the prize event is subject to each winner’s (and guest’s) consent to and compliance with all health and safety policies of the MLB Entities.
NOTIFICATION: The potential winners will be notified at the email address, postal address, and/or telephone number (as determined by Sponsors) provided at the time of entry (the "Prize Notification"). In the event that any potential winner does not respond to Prize Notification within two (2) days of the date of issuance or declines the prize for any reason, a disqualification will result, the prize will be forfeited and, at Sponsors’ sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries. The potential winners may be required to submit her/his valid social security number and/or other identification to Sponsors and may receive an IRS Form 1099 for any prize valued at $600 or greater. The potential winners may be required to execute, have notarized, and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Release of Publicity, within one (1) day of the date of issuance. Failure to submit any identification required by Sponsors or to return any required documents within the specified time period, noncompliance with these Official Rules, or the return of Prize Notification or of the prize (or any portion thereof) as non-deliverable may result in the potential winner’s disqualification and prize forfeiture and, at Sponsors’ sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By entering the Sweepstakes, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) waive any and all claims against Sponsors, the other MLB Entities, Facebook, Inc., Apple, Inc., and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives, advertising and promotion agencies, any Sweepstakes prize provider or commercial sponsor, and any other company associated with the Sweepstakes, and all of their respective officers, directors, employees, agents, and representatives (collectively, “Released Parties”) for any injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from participation in the Sweepstakes, receipt or use of the prize (or any portion thereof), or any travel or activity related thereto. By entering the Sweepstakes, each entrant gives her/his express permission to be contacted by Sponsors and/or MLB by telephone, email, and/or postal mail for Sweepstakes purposes. The winner, by acceptance of the prize, grants to Sponsors, MLB, and each of their respective designees the right to publicize her/his name, city and state of residence, prize information, photograph, voice, statements, and/or other likeness for advertising, promotional, trade, and any other purpose, in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: The decisions of Sponsors are final and binding on all matters relating to this Sweepstakes. Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due, or garbled entries, transmissions, email, or mail; lost, interrupted, or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections; availability, accessibility, miscommunications, or failures of computer, satellite, telephone, cable, or wireless transmissions or lines; computer hardware or software malfunctions, failures, or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines, telephone systems, wireless towers, or cellular tower equipment; any error, omission, interruption, defect, or delay in wireless or other transmission, processing, or communication; printing, typographical, or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements, or other materials; cancellation or postponement of any Major League Baseball game/event/exhibition; or any other errors, problems, or difficulties of any kind, whether human, mechanical, electronic, or other, relating to the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with administration of the Sweepstakes, processing of entries, announcement of the winner, or any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users (e.g., hacking) or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrant’s or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Sweepstakes website. Persons who tamper with or abuse any aspect of the Sweepstakes or website; attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices; intend to annoy, abuse, threaten, or harass any other entrant or any representative of Sponsors and/or MLB; or who are in violation of these Official Rules, as solely determined by Sponsors, will be disqualified and all associated entries will be void. Sponsors shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty, or representation of any kind concerning the prize (or any portion thereof) and (b) disclaim any implied warranty. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsors and MLB reserve the right, in their sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) in the event Sponsors are prevented from executing the Sweepstakes as contemplated herein by any event beyond either Sponsors’ control, including but not limited to: fire; flood; earthquake; explosion; public health epidemic or crisis; labor dispute or strike; act of God or public enemy; network or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; or federal, state, or local government law, order, or regulation. Sponsors and MLB also reserve the right, in their sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes or events corrupt administration, security, fairness, integrity, or proper operation of the Sweepstakes. In the event of cancellation, Sponsors may elect to identify the winner and award the prize by way of random drawing from among all non-suspect, eligible entries received up to the time of cancellation. Sponsors also reserve the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT AND SPONSORS, MLB, AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro, or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on a mobile phone number or email address, the winning entry will be declared made by the Authorized Account Holder of the mobile phone number used or email address submitted at the time of entry, provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is the natural person to whom the applicable mobile service provider, ISP or other organization (such as a business or educational institution) has assigned the mobile phone number or email address used to enter. In the event a winning account selected is a joint account, the prize will be awarded in the name of the first-named account holder provided he/she is eligible according to these Official Rules. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.
ARBITRATION; CLASS ACTION WAIVER: As a condition of entering this Sweepstakes, each entrant agrees that (a) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Sweepstakes or any prizes awarded (each, a "Claim") shall be (i) arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party and (ii) settled by binding arbitration in Maricopa County, Arizona before a single arbitrator appointed by JAMS in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of Arizona, U.S.A, applicable to contracts entered into and performed exclusively in that State.
WINNER LIST: For the winner’s list, mail a request and a self-addressed stamped envelope to be received no later than ninety (90) days after the Drawing Date to: Pepsi Zero Sugar Text to Win Sweepstakes Winner’s List c/o Arizona Diamondbacks, 401 East Jefferson Street, Phoenix, Arizona 85004.
SPONSOR: The Sponsors of this Sweepstakes are AZPB Limited Partnership, 401 E. Jefferson St., Phoenix, AZ 85004 and the Pepsi Beverages Company, 12655 W. Jefferson Blvd., Los Angeles, CA 90066.
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