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official rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.The Spot the Bublé Sweepstakes (the "Promotion") begins at 12:00:01 PM Eastern Time (“ET”) on January 17, 2020 and ends at 11:59:59 PM ET on March 31, 2020 (the “Promotion Period”). The Promotion contains a game of chance (“Sweepstakes”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.

1. ELIGIBILITY:The Promotion is open only to legal residents of the 50 United States (excluding Puerto Rico) and the District of Columbia, who are 18 (except Alabama and Nebraska 19 and 21 in Mississippi) years of age or older as of date of entry. Employees, officers and directors of Pepsi-Cola Company (“Sponsor”), Pepsi-Cola, Inc., Realtime Media LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Promotion Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void in any state not listed above and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.

2. HOW TO ENTER THE PROMOTION: There are three (3) ways to enter:

a) SOCIAL: To participate, take a photo of specially-marked products (can and/or multi-pack) of Bubly. Log in to your Facebook, Instagram or Twitter account (must be made public), and post your photo, along with the campaign hashtag #bublysweepstakes and mention @bublywater in the post during the Promotion Period. Upon posting your image, caption with the hashtag #bublysweepstakes, you will receive one (1) entry into the Promotion. Your entry must adhere to the “Requirements of Entry” listed below in order to be valid. Each photo or video can only be used one (1) time throughout the Promotion.

b) SCRATCH CARD: Make a purchase of bubly 15-flavor sampler packs on Amazon.com, Boxed.com, and Walmart.com and within participating deliveries of all orders through March 31st, 2020, receive an insert card, scratch the insert card to reveal the specially-marked can image. Log in to your Facebook, Instagram or Twitter account (must be made public) and post your photo of the specially-marked can image, along with the campaign hashtag #bublysweepstakes and mention @bublywater in the post during the Promotion Period. Upon posting your image, caption with the hashtag #bublysweepstakes, you will receive one (1) entry into the Promotion. Your entry must adhere to the “Requirements of Entry” listed below in order to be valid. Each photo or video can only be used one (1) time throughout the Promotion.

c) ALTERNATE METHOD OF ENTRY (AMOE): To enter without purchase, hand-print your full name, full mailing address, email address, phone number, and birth date on a plain 3x5 inch paper. Mail your completed entry to Realtime Media, Attn: Spot the Buble Sweepstakes Entry, 200 Four Falls Corporate Center, Suite 130, Conshohocken, PA 19428. Each entry must be mailed separately in a hand-addressed, stamped envelope. No photocopied or mechanically reproduced entries will be accepted. No responsibility is assumed for lost, late, incomplete, illegible, misdirected or postage-due entries. No responsibility is assumed for (i) technical, electronic, telephone, hardware, software or network, computer or data transmission errors, malfunctions or difficulties of any kind or (ii) any incorrect data contained in any sweepstakes entry. Mail-in entries must be postmarked no later than March 21, 2020 and received by March 31, 2020 to be eligible for the drawing. All entries become the property of Sponsor and will not be returned or acknowledged.

Limit of one (1) Sweepstakes Entry per person, per email address, per approved image, per day throughout the Promotion Period, regardless of method of entry.

By submitting an Entry, you hereby grant permission for your Entry to be posted on www.spotthebuble.com, Sponsor Facebook, Twitter, and Instagram Accounts, and grant permission for Sponsor to tag you in respective social posts from the brand’s social channels if your Entry is selected as a winner. You agree that Promotion Parties are not responsible for any unauthorized use of Entries by third parties. Promotion Parties do not guarantee the posting of any Entry. You agree that you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks (other than for entry into this Promotion), without the express consent of Sponsor in each instance.

By submitting an Entry, you represent and warrant that the work submitted is original to you and that neither it nor its contents infringes upon or violates the rights of any third party. If your Entry includes likenesses of third parties (such as, but not limited to makeup artist or subject) or contains elements not owned by you (such as, but not limited to, company logos) you must be able to provide legal releases for such use in a form satisfactory to Sponsor or your Entry will be disqualified. Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.

REQUIREMENTS OF CONTEST ENTRIES: Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:

  • • Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
  • • Promotes 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 any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • • 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 you 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.

By submitting an Entry, you represent and warrant that your Entry is original to you, that the Entry has not been previously published, has not won previous awards and that neither it nor its contents infringes upon or violates the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity, or other intellectual property. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

By submitting an Entry, you acknowledge and agree that Sponsor may receive other Entries under this Promotion that may be similar or identical to the Entry submitted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Entry reviewed and/or used by Sponsor may be similar to your Entry and you understand that you will not be entitled to any compensation because of Sponsor’s use of such other similar or identical material.

3. SWEEPSTAKES DRAWING/ODDS: The Sweepstakes will consist of ten (10) individual Weekly Drawings (each a “Weekly Drawing”). Each Weekly Entry Period will begin at a specified time (each a “Weekly Entry Period Start Time”) and will end at a specified time (each a “Weekly Entry Period End Time”) as detailed in the chart below and will be selected in an electronic, randomized drawing. The Weekly Drawing will be conducted on or around the weekly drawing date (“Weekly Drawing Date”) specified in the chart below from among all eligible entries received during such Weekly Entry Period. Entries must be received before the end of the Weekly Entry Period to be eligible for the corresponding Weekly Drawing. All eligible non-winning entries from each Weekly Drawing will be rolled into the next Weekly Drawing.

Weekly Entry Period Weekly Entry Period Start Time Weekly Entry Period End Time Weekly Drawing Date
1 1/17/20 at 12:00:00PM ET 1/24/20 at 11:59:59PM ET 1/27/20
2 1/25/20 at 12:00:00AM ET 1/31/20 at 11:59:59PM ET 2/3/20
3 2/1/20 at 12:00:00PM ET 2/7/20 at 11:59:59PM ET 2/10/20
4 2/8/20 at 12:00:00PM ET 2/14/20 at 11:59:59PM ET 2/17/20
5 2/15/20 at 12:00:00PM ET 2/21/20 at 11:59:59PM ET 2/24/20
6 2/22/20 at 12:00:00PM ET 2/28/20 at 11:59:59PM ET 3/2/20
7 2/29/20 at 12:00:00PM ET 3/6/20 at 11:59:59PM ET 3/9/20
8 3/7/20 at 12:00:00PM ET 3/13/20 at 11:59:59PM ET 3/16/20
9 3/14/20 at 12:00:00PM ET 3/20/20 at 11:59:59PM ET 3/23/20
10 3/21/20 at 12:00:00PM ET 3/31/20 at 11:59:59PM ET 4/3/20

4. WINNER NOTIFICATION: The potential prize winners will be notified by direct message on the corresponding social channel they entered on. The message will contain a link and specific code for them to enter on the site when they click through. They will then be required to fill out a form with their contact and shipping information. Potential winners will have ten (10) days to respond to winning notification before forfeiting their prize. Any winner of a prize package valued at $600 or more will be sent an Affidavit of Eligibility/Liability Release via email. All forms must be completed, signed, notarized and returned to Administrator within ten (10) days of date of issuance. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner will be selected from among all remaining entries for that drawing.

5. PRIZES/PRIZE RESTRICTIONS: Five Hundred (500) Promotion Prizes will be awarded during the Promotion:

Total Quantity Available Prize Description Approximate Retail Value
100 One (1) Mixology Kit $25.00
100 One (1) Hoodie & One (1) Pair of Socks $30.00
100 One (1) Beanie and One (1) Scarf $16.00
50 One (1) Cooler Speaker $129.00
50 One (1) T-shirt and One (1) Pair of Socks $18.00
100 One (1) Soft Cooler $32.00

The total ARV of all prizes is $17,650.00

PRIZE RESTRICTIONS: Limit of one (1) Promotion Prize per person/per household. All Promotion prizes will be fulfilled approximately four (4) to six (6) weeks after the Promotion has ended. Prizes will be awarded only upon winner redemption, confirmation, verification and final approval by Sponsor. No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if prize, or portion of prize, becomes unavailable. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.

PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.

OWNERSHIP OF ENTRIES: By using the #bublysweepstakes hashtag to submit an Entry during the Promotion Period, you agree to be bound by these Official Rules and grant Sponsor and participating retailers a non-exclusive, fully paid-up and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your Entry, including without limitation the right to distribute all or part of your Entry in any media formats through any media channels. By submitting an Entry, you consent to the use, by Sponsor, its affiliates, subsidiaries, parents, and licensees, of your name, likeness, and image, in connection with the Event and Sponsor’s related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked. For uses beyond the consent that you grant above, you agree that Sponsor’s use of your personal data will be governed by the Privacy Policy posted on the Sponsor website.

6. GENERAL: Each winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion Parties, including but not limited to the failure or interruption of Facebook or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule #5. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.

7. CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

8. LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for 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 of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) 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 the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.

9. RELEASES: All participants, as a condition of participation in this Promotion, agree to release, hold harmless and indemnify Facebook and the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules.

10. CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, 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 or provisions (whether of the State of New York or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of New York. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the State of New York. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.

11. PRIVACY: Except as noted in these Official Rules, information collected for this Promotion is used only for the purpose of Promotion administration and winner notification and will not be re-used, sold or shared in any manner by the Promotion Parties or any third parties unless you have elected to receive additional information or promotional material from the Sponsor, or a third party. By participating in the Promotion, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at http://policy.bubly.com/privacy.htm. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.

12. TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner.

13. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by April 15, 2020 to: Spot the Buble Sweepstakes Winners List Request, c/o Realtime Media, 200 Four Falls Corporate Center, Suite 100, Conshohocken, PA 19428.

SPONSOR: Pepsi-Cola Company. 1111 Westchester Avenue, White Plains, NY 10605. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. Any questions, comments or complaints regarding this Promotion shall bedirected to the Sponsor and not to any social media platform provider.

ADMINISTRATOR:Realtime Media LLC, 200 Four Falls Corporate Center, Suite 100, Conshohocken, PA 19428