Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
Brisk x Doja Cat's Clay Giveaway (the “Giveaway”) is open only to legal residents of the US residing in one (1) of the fifty (50) United States or the District of Columbia who are 18 years of age (19 in AL or NE) or older at time of entry. Void where prohibited by law. Employees of PepsiCo, Inc., Pepsi-Cola Company, its bottlers and Track Marketing Group, LLC, or any of their respective parents, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Giveaway and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Giveaway is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and Administrator's decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator
Sponsor: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY 10577. Administrator: Track Marketing Group, LLC, 115 W. 30th Street Suite 403, New York, NY 10001.
3. Giveaway Entry Period
The Giveaway begins on September 16, 2024 at 12:00AM Eastern Time (“ET”) and ends on October 7, 2024 at 11:59PM ET (the “Giveaway Entry Period”). Administrator's computer is the official timekeeping device for the Giveaway.
4. How to Enter
To enter during the Giveaway Entry Period, follow these steps: 1) Follow @Brisk on Instagram; and 2) Look for the Giveaway Post on Instagram and comment on it by tagging a friend on Instagram with the hashtag #ThatsColdSweepsEntry. You will receive one entry for this method of entry. You must follow @Brisk on Instagram at the time of entry and until winners are finalized. The Instagram is known as a “Submission”.
You must have your Instagram profile settings as PUBLIC (not private) to enter your Submission. To participate in the Giveaway, if you do not already have an Instagram account, download the free Instagram application and create an account as instructed. Getting an Instagram account is free. Submission must comply with Instagram's Terms of Use, which can be found at https://help.instagram.com/581066165581870. Limit of one entry per person per day and per Instagram account during the Giveaway Entry Period. Use of multiple Instagram accounts to enter by the same individual is prohibited and may result in disqualification. Submissions will be deemed to have been submitted by the authorized account holder of the Instagram account from which the Submission is uploaded at the time of the entry, as identified by the primary email address associated with that account.
Limit one (1) entry per person during the Giveaway Entry Period. You may only use one (1) Instagram account to participate in the Giveaway. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. By entering this Giveaway, entrants agree to these Official Rules and the decisions of the Sponsor and Administrator, which are binding and final in all matters relating to this Giveaway.
Submission Requirements
Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Is sexually explicit; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, 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 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 entrant 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.
Submissions must meet the requirements stated above. Sponsor reserves the right to reject any Submissions submitted in connection with the Giveaway for any reason.
5. Rights in Submissions
By uploading any Submission for this Giveaway, each entrant hereby grants to the Sponsor the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised. Each entrant authorizes the Sponsor, and any entities affiliated or in privity with the Sponsor, to utilize, for eternity and in any manner the Sponsor sees fit, and to make derivative works of such materials. Each entrant agrees that the results and proceeds of such use shall become the property of the Sponsor and shall be freely assignable by the Sponsor, and that the Sponsor and its assignees and licensees shall have no obligations whatsoever to entrant. Each entrant agrees and acknowledges that participation in the Giveaway shall not give rise to any confidential, fiduciary, implied-in-fact, implied in law, or other special relationship between the Sponsor and entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements to the entrant's Submission, and that only contracts, express or implied, between the Sponsor and entrant is as set forth in these Official Rules and the release forms. Sponsor might 'Like' or 'Favorite' a Submission and doing so does not increase chances of winning.
6. Giveaway Winner Selection
On or about October 8, 2024 after the conclusion of Giveaway Entry Period, Administrator will select one (1) entry for each prize described below in a random drawing of all valid entries received. Odds of winning depend on the number of eligible entries received within the Giveaway Entry Period. POTENTIAL WINNERS WILL BE NOTIFIED BY DIRECT MESSAGE ON INSTAGRAM FROM @BRISK AND WILL BE REQUIRED TO RESPOND WITHIN 48 HOURS OF NOTIFICATION VIA EMAIL. Potential winners must follow the initial prize claim instructions and any subsequent claim instructions, or the prize will be forfeited in its entirety. It is recommended that you confirm your Instagram notification settings are turned on. Sponsor's decisions as to the administration and operation of the Giveaway and the selection of the potential winner is final and binding in all matters related to the Giveaway. Failure to respond to an initial notification within 48 hours will result in disqualification. Sponsor's decision as to the administration and operation of the Giveaway and the selection of the potential winner is final and binding in all matters related to the Giveaway.
7. Verification of Potential Giveaway Winners
POTENTIAL GIVEAWAY WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winner will be required to sign and return to Administrator, within three (3) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. The potential winners may be required to complete an IRS Form W9 and provide their Social Security number for tax reporting purposes. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner is disqualified for any reason, Sponsor may award the prize to an alternate winner by selecting the from the next remaining entrant.
8. Prizes
One (1) grand prize will be awarded. Grand prize winner will receive a Doja Cat Claymation Head. Approximate retail value of grand prize is $550. Thirty (30) secondary prizes will be awarded. Each secondary prize winner will receive a Doja Cat Claymation Figurine Replica. Approximate retail value of each secondary prize is $550.
For all Prizes: Prizes will be delivered approximately 4 - 6 weeks after winner finalization. Sponsor and Administrator are not responsible for lost or damaged prize delivery. Prize is non-transferable. No substitution, cash redemption, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state and local taxes, if any, related to a prize are the responsibility of the individual winner. Any and all guarantees and warranties are subject to the manufacturers or service provider's terms and conditions, and the winner agrees to look solely to such entity for any such warranty or guarantee claim. Approximate retail value of all prizes is $17,050.
9. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and Administrator which are binding and final in all matters relating to this Giveaway; (b) release and hold harmless the Sponsor, Amala Ratna Zandile Dlamini (aka Doja Cat) PepsiCo, Inc., Pepsi-Cola Company, its bottlers, Administrator and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaway and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Giveaway, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant's participation in the Giveaway and/or entrant's acceptance, use or misuse of prize.
10. Publicity
Except where prohibited, participation in the Giveaway constitutes winner's consent to Sponsor and its agents use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions
Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor or Administrator's reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Administrator in their sole discretion. Sponsor or Administrator reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Giveaway. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes.
13. Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the South District of New York or the appropriate New York State Court located in Westchester County, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. Privacy
Except as noted in these Official Rules, information collected for this Giveaway is used only for the purpose of Giveaway 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 https://contact.pepsico.com/brisk/privacy-policy. In the event of any discrepancy between the Sponsor's Privacy Policy and these Official Rules, these Official Rules shall control and govern.
15. Winners List
For the name of the winner, email your request to BriskClaymation@trackmarketing.net. The subject of the email must contain, “Winner List - Brisk x Doja Cat's Clay Giveaway”. Requests for the winner list must be received by December 15, 2024. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THIS EMAIL ADDRESS.