“HOW FAR WOULD YOU GO” HARD MTN DEW® CONTEST
NO PURCHASE NECESSARY TO PARTICIPATE. INTERNET ACCESS REQUIRED. DATA CHARGES MAY APPLY.
Sponsor: Green Rebel Brewing Company One Design Center Place, Ste 850, Boston, MA 02210. Administrator: Promotion Security Group, 416 Cherokee Drive, Orlando, FL 32801
1.PROMOTION PERIOD: The Promotion begins at 8:00 a.m. Eastern Time (“ET”) on February 22, 2022 and ends at 11:59 p.m. ET on March 8, 2022 (the “Promotion Period”). The computer clock of the Administrator is the official time-keeping device in the Promotion.
2. ELIGIBILITY: This Promotion is open only to legal U.S. residents who are at least 21 years of age at the time of entry and who are able travel during April 2022. Employees of Sponsor, Administrator, PepsiCo, Inc. and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, alcoholic beverage wholesalers and retailers (collectively, “Promotion Entity or Promotion Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Promotion. For purposes of the Promotion, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry.
3. HOW TO ENTER: During the Promotion Period, visit HowFarForHardDew.com (the “Website”) and follow the directions provided to complete the entry form, including providing your name, address, date of birth, email address, phone number and answering four (4) questions in essay form of no more than the word limited listed for each, and submit to receive one (1) “Contest Entry” which will be judged for the opportunity to receive the Contest Grand Prize. See Section 5 for judging requirements. All Contest Entries must be received by March 8, 2022 at 11:59 p.m. ET to be considered. Limit one (1) Contest Entry per person using only one (1) email address throughout the Promotion Period.
Contest Entries that appear to duplicate any other submitted entries, in Sponsor’s sole discretion, will be void and only the first entry submitted (based on time/date) will be considered for the Promotion. Contest Entries generated by script, macro or other automated means or in violation of these Official Rules will be void. In the event of a dispute as to the identity of an entrant, entrant will be deemed the individual named on the email address from which the Contest Entry was submitted, and such individuals must meet all eligibility requirements set forth herein and otherwise comply with these Official Rules. In the event of non-compliance with any requirements specified herein, Contest Entry will be void. Your submission of a Contest Entry constitutes your representation of eligibility, consent to participate in Promotion and consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of Promotion administration.
The use of automated entry or similar devices as specifically set forth above, is prohibited and entries through such prohibited devices are void. Sponsor reserves the right to void any and all Contest Entries of an entrant who Sponsor believes has attempted to tamper with, influence, or impair the administration, security, fairness, judging or proper play of the Promotion. Neither Sponsor, nor anyone acting on its behalf, will enter into communications with any entrant regarding the Promotion other than to notify a potential winner.
4. REQUIREMENTS OF CONTEST ENTRIES: To be considered for the Contest Grand Prize, Contest Entry must: 1) Be the original, personal creation of the entrant and solely owned by entrant; 2) Not have been previously published, submitted for publication, screened, or publicly viewed; 3) Not infringe on any third-party rights; 4) Be suitable for publication as determined at the sole and absolute discretion of the Sponsor; 5) Not promote the use of drugs or tobacco, firearms/weapons or any activities that may be construed as illegal or violating any law; 6) Not depict or describe any activities that may appear unsafe or dangerous, or promote any particular political agenda or message; 7) Not include obscenity, profanity, racist themes or material that is sexually oriented, explicit, suggestive or exploits people in a sexual or violent manner; 8) Not be violent or derogatory of any ethnic, racial, gender, sexual orientation, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; 9) Not contain other brands’ name, trademarks, labels or logos (except for trademarks, logos or trade dress owned by any Promotion Entity), or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as house or email addresses; 10) Not defame or invade publicity and/or intellectual property rights or the privacy of any person, living or deceased, or otherwise infringe upon any copyrighted works or a person’s personal or proprietary rights (including music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media); 11) Not defame, misrepresent or contain disparaging remarks about any Promotion Entity or other entities or individuals or any of their respective products; 12) Not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and 13) Not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. Sponsor reserves the right to disqualify any entry that it determines, in its sole discretion, is offensive or inappropriate, not in keeping with Sponsor’s image or that is otherwise not in compliance with these Official Rules.
If a Contest Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Contest Entry, any and all releases and consents necessary to permit the use and exhibition of the Contest Entry by the Promotion Entities in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Contest Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Contest Entry null and void. By submitting a Contest Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Contest Entry consent to the submission and use of the Contest Entry in the Promotion and to its use as otherwise set forth herein.
By submitting a Contest Entry, entrant acknowledges and agrees that Sponsor may obtain many Contest Entries in connection with this Promotion and/or other contests staged and/or promoted by the Sponsor, and that such Contest Entries may be similar or identical in theme, idea, format or other respects to other Contest Entries submitted in connection with this Promotion and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Contest Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Contest Entry, or that any compensation is due to entrant in connection with such Contest Entry or other works used by Sponsor.
5. CONTEST JUDGING: All eligible Contest Entries will be judged by a panel of qualified judges selected by Sponsor, whose decisions will be final and binding in all matters relating to this Promotion, based on the following judging criteria: 1.) Authenticity: 0-50 points, 2.) Creativity: 0-30 points, 3.) Boldness: 0-20 points. The one (1) Contest Entry with the highest score will be deemed the potential Contest Grand Prize winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, such tied entries will be re-judged based on the reflection of Hard Mtn Dew’s branding message within the entries to determine the Contest Grand Prize winner. Sponsor reserves the right not to award the Contest Grand Prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Contest Entries.
6. WINNER NOTIFICATION: One (1) potential Contest Grand Prize Winner (the “Prize Winner”) will be notified by phone and or email on or about 3/15/22. Potential Contest Grand Prize Winner will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), and a W-9 and any other documents required by Sponsor, which must be returned within three (3) days of date appearing on prize notification. Return of a prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the Contest Grand Prize (if applicable) may be awarded to a runner-up. Contest Grand Prize may also be forfeited if the Winner cannot attend on the dates determined by Sponsor. Any portion of a prize not accepted by winner shall be forfeited. Upon forfeiture, for any reason as stated in these Official Rules, no compensation will be given.
7. CONTEST GRAND PRIZE: One Contest Grand Prize will be awarded, consisting of a Trip for two (2) to Nashville. Trip includes First Class roundtrip airfare (or airfare totaling no more than $3,000) for two (2) to Nashville, TN from airport closest to winner’s residence, two (2) nights hotel accommodations (double-occupancy), Ground Transportation to and from airport to hotel, Exclusive HARD DEW Tasting Dinner and a $1,000 gift card. Approximate Retail Value of Prize: up to $6,250, depending on winner’s city of departure. Gift card is subject to the terms and conditions associated with its use. Grand Prize trip must be taken during specified dates in April 2022 as determined by Sponsor or prize will be forfeited in its entirety. No transfer or substitution of trip elements will be permitted. Grand Prize trip must be scheduled through Sponsor or its designated travel partner. Winner and guest must be 21 years of age or older. Winner and guest must possess all necessary travel documents (i.e. identification) (at his/her own expense) prior to awarding of prize, depart/return from/to the same major airport and travel on same itinerary. Grand Prize trip does not include taxes, tips, gratuities, ground transportation or meals (other than as noted herein), service charges, hotel room service, laundry service, alcoholic beverages, merchandise, souvenirs, local and long distance telephone calls, airport charges, or any other service or item not specifically described above. Actual retail value of prize may vary depending on location of winner’s residence and the destination cities and may fluctuate due to market conditions, changes in value of components, (e.g. air transportation and hotel rates) and other reasons.
Should Grand Prize winner and/or their guest engage in anti-social, belligerent, unruly or otherwise inappropriate conduct in conjunction with award of Grand Prize trip, the Grand Prize trip will be terminated for Grand Prize winner and/or their guest, as appropriate, with Sponsor having no further liability to Grand Prize winner and/or their guest, as appropriate, under any legal theory. Should such behavior of Grand Prize winner and/or their guest be deemed by Sponsor to be particularly egregious or offensive, Sponsor reserves the right to seek all available legal remedies against Grand Prize winner and/or their guest, as appropriate, so as to protect its rights. In the event any scheduled activity in Nashville, TN associated with the Grand Prize and/or any other component of the Grand Prize is cancelled for any reason, including safety, health and/or welfare concerns, scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, Sponsor reserves the right, if possible, to reschedule such Grand Prize trip for alternate dates in its sole determination, but if the Grand Prize trip is not rescheduled, it shall have no obligation other than to award the remainder of the Grand Prize. Promotion Entities will not be responsible for health and safety conditions, weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage, epidemics or pandemics, or any other natural disaster outside their control that may cause the cancellation or postponement of any Grand Prize related event.
In the event the Prize cannot be awarded as described for any reason, including weather, fire, strike, acts of war or terrorism, epidemic, closure of venue, or any other condition beyond their control (a “Force Majeure Event”), Sponsor reserves the right to award an alternate prize of equal or greater value to the Prize Winner with no further obligation to the Prize Winner.
All federal, state and local taxes and all other costs associated with any prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. Grand Prize Winner will receive an IRS Form 1099 for the approximate retail value of the prize, inclusive of cash prizes. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value.
8. LICENSE/USE OF CONTEST ENTRIES: By submitting a Contest Entry, and to the extent allowed by law, you grant the Sponsor, PepsiCo, Inc., their affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Contest Entry and biographical material including, but not limited to, all materials submitted in connection with the Promotion in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.
9. GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Promotion; (b) to release, discharge and hold harmless Released Parties from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of any awarded prize (including any travel/activity related thereto); and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Promotion without the prior consent of the Sponsor, which it may withhold in its sole discretion.
10. MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, or undelivered Contest or Sweepstakes Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing or judging of Entries, the announcement of the prizes, the incorrect posting of any essay or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion and, if terminated, at its discretion, determine the potential winner for the Contest Grand Prize from all eligible, non-suspect Contest Entries received prior to action taken using the Judging Criteria specified above and select the potential Contest Grand Prize winners from all eligible, non-suspect Entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. DISPUTES: Except where prohibited by law, as a condition of participating in this Promotion, consumer agrees to the following: (1) any and all disputes and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office in Boston, MA; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will consumer be permitted to obtain awards for, and consumer hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than consumer’s actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and consumer further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the right and obligation of consumers and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of Massachusetts, USA, without regard to Massachusetts choice of law provisions.
13. Winner’s List: For the Prize Winner’s name, send an email titled “How Far Would You Go Winner’s List” to firstname.lastname@example.org before April 15, 2022.
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