NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. MESSAGE AND DATA RATES MAY APPLY IF YOU USE A MOBILE PHONE/DEVICE TO PARTICIPATE IN THE SWEEPSTAKES.
SWEEPSTAKES ENTRY PERIOD: The Mtn Dew “Dew Time Off” Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Wednesday, April 24, 2019 and ends at 11:59:59 PM ET on Monday, May 27, 2019 (the “Sweepstakes Period”). For purposes of these Official Rules, a day is defined as 12:00:01 AM ET through 11:59:59 PM ET. The computer clock of Twitter/Instagram’s webmaster and the Sweepstakes Administrator are the official timekeeping devices of the Promotion.
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Pepsi-Cola Company (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: There are two (2) methods of entry:
Method #1 – Twitter Entry: Log in to your Twitter account, follow @MountainDew on Twitter (https://twitter.com/mountaindew), and post a tweet to your public Twitter account, including the hashtag #DTOSweepstakes and @MountainDew, expressing what you would want to do with a day off of work to receive one (1) entry into the Sweepstakes (the “Entry”). Entrant’s Twitter settings must be public. Entries submitted from private Twitter accounts will not be eligible. Entrants must follow and continue to follow @MountainDew on Twitter through at least June 30, 2019 in order to be notified in the event he/she is a potential winner. If a tweet is more than one post in length it will be considered as one (1) entry into the Sweepstakes with the first post considered the Entry. By using the hashtags participant indicates his/her agreement to these Official Rules. By submitting a Twitter Entry, entrants agree to Twitter’s Terms of Service at https://twitter.com/tos?lang=en. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc. TWITTER IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
Sponsor may not receive entries from Twitter or Instagram users with “protected” accounts or profiles that are not public (i.e. user has set the account so that only people the user has approved can view updates). Twitter and Instagram posts not received by the Sponsor will not be entered into the Sweepstakes. Multiple participants are not permitted to share the same email address, Twitter account or Instagram account. Incomplete entries will not be accepted and are void.
Instagram Entry and Twitter Entry collectively referred to herein as “Entry” or “Entries”.
Each Entry must include an original tweet or photo/video/caption. Entries submitted with a tweet, photo, video or caption that has already been submitted or that is substantially the same as a previously submitted Entry, as determined by the Sponsor in its sole discretion, will be disqualified.
Limit: One (1) Entry per person per day per method of entry. Each Entry must be original and you cannot submit the same Entry more than once. Any duplicate Entries will be void. All Entries must be received between Wednesday, April 24, 2019 at 12:00:00 AM ET and Monday, May 27, 2019 at 11:59:59 PM ET. Any Entries received after May 27, 2019 will be void.
For the avoidance of doubt, posting a tweet to Twitter or a photo/video to Instagram alone will NOT result in an entry into the Sweepstakes. Once an Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.
SWEEPSTAKES ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:
By submitting an Entry, the entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, photo/video, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, which includes any photo, video or text.
By submitting an Entry, entrant warrants and represents that: (a) Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entry is entrant’s original work, it has not been previously published, and entrant owns all rights to the Entry, including without limitation, copyrights, and has received prior written permission from a third party if any Photo/Video was photographed/videotaped by someone other than the entrant him/herself; and (c) entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Sweepstakes.
SWEEPSTAKES ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL SWEEPSTAKES ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prizes: There are ten (10) Grand Prizes available to be won. Each Grand Prize winner will receive $1,000 awarded in the form of a check. The ARV of each Grand Prize: $1,000.
Total ARV of all Prizes available to be won: $10,000
Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWING: The potential winners will be selected in a random drawing using a random number generator on or about Thursday, May 30, 2019, from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.
WINNER NOTIFICATION: Potential prize winners will be notified by Sponsor via direct message to his/her public Twitter or Instagram account used to submit the potentially winning Entry (the “Initial Notification”) on or about Friday, May 31, 2019. To begin the prize claim process, a potential winner must respond as instructed to the Initial Notification with his/her full name and email address within 48 hours of the Initial Notification. Any potential prize winner who does not reply to the Initial Notification with the required information and within the specified time period will be disqualified and an alternate winner will be selected. Within three (3) days of confirmation of the information received from a potential winner in response to Initial Notification, such potential winner will receive a second notification (the “Second Notification”) via email from the Sweepstakes Administrator. Potential Grand Prize winners will be required to sign and return, within five (5) days of the Second Notification, an affidavit of eligibility, a liability waiver, a W-9 form and where allowable, a publicity release (collectively, the “Releases”). If the potential winner does not reply to the Initial Notification and the Second Notification with the required information and within the specified time period, he/she will be disqualified and an alternate potential winner may be selected in a separate random drawing.
If an Initial Notification or Second Notification is returned as undeliverable, or if the selected prize winner fails to claim the prize or if selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner will be selected. Only two (2) alternate winners per available prize may be determined through this process, after which any remaining prizes may remain un-awarded. Prizes will be sent to the address provided by winner within 30 days of winner being verified.
If a winner is otherwise eligible under these Official Rules but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf, if applicable.
PRIZE CONDITIONS: Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winner is responsible for all federal, state, local and income taxes associated with winning the prize. Grand Prize winners will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, photos, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, Twitter, Instagram and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, Entry will be deemed submitted by the "Authorized Account Holder" of the Twitter or Instagram account from which the Entry is submitted. Authorized Account Holder means the natural person to whom an e-mail address, Twitter or Instagram account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Westchester County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Westchester County, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Westchester County, New York. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://MountainDewDTOSweeps.com/rules or send a self-addressed, stamped envelope by May 30, 2019, to: The Mtn Dew “Dew Time Off” Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after 05/30/19), send a stamped, self-addressed envelope (no later than 06/27/19), to: The Mountain Dew “Dew Time Off” Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
Void outside the US, in Puerto Rico, and wherever else prohibited by law.