Terms and Conditions Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS REQUIRED. MESSAGE AND DATA RATES MAY APPLY IF ENTERING VIA MOBILE DEVICE.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM.
THE SWEEPSTAKES IS OPEN ONLY TO LEGAL U.S. RESIDENTS RESIDING IN AZ, CA, CO, IL, LA, NM, NV, TX, UT, WA or WY WHO ARE 18 YEARS OF AGE OR OLDER AT TIME OF PARTICIPATION. SWEEPSTAKES SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND OF THE STATE OF NEW YORK. DO NOT PARTICIPATE IN THIS SWEEPSTAKES UNLESS YOU ARE ELIGIBLE. VOID WHERE PROHIBITED.
- SWEEPSTAKES PERIOD: Sweepstakes begins on May 1, 2017 at 12:00:00 a.m. Pacific Daylight Time (“PDT”) and ends on June 25, 2017 at 11:59:59 p.m. PDT (the “Sweepstakes Period”). Multiple entry periods apply, see Section 5.
- HOW TO PARTICIPATE: There are three (3) ways to enter the Sweepstakes as described below:
- Facebook: During the Sweepstakes Period, post a photograph of your Wienerschnitzel food item and fountain beverage purchased at a Wienerschnitzel location with hashtag #concertsweepstakes (“Entry”) on the Wienerschnitzel Facebook page at facebook.com/Wienerschnitzel (the “Web Site”) to receive one (1) entry into the corresponding Entry Period Drawing and one (1) entry into the Grand Prize Drawing. If you are not a registered member of Facebook, please visit http://www.facebook.com to register for a free account.
NOTES: Any posts on an entrant’s personal Facebook page will not be counted as an Entry. Photographs posted prior to May 1, 2017 may not be used; entrants may not “hashtag” a previous post with #concertsweepstakes. All posts with hashtag #concertsweepstakes must be made during the Sweepstakes Period in order to be valid.
- Instagram: During the Sweepstakes Period, post a photograph of your Wienerschnitzel food item and fountain beverage purchased at a Wienerschnitzel location with hashtag #concertsweepstakes (also an “Entry”) on your personal Instagram page to receive one (1) entry into the corresponding Entry Period Drawing and one (1) entry into the Grand Prize Drawing. Entrant must have a public profile on the Instagram account used to enter in order to be contacted by Sponsor if he/she is selected as a winner. An Instagram account can be created for free by visiting http://instagram.com and following the appropriate link to download the free Instagram application.
- To enter without making a purchase, send a 3″ x 5″ card or piece of paper with your full name, address, city, state, zip code and email address (optional) to: PO Box 650043, Dept. 888-7028, El Paso, TX 88565-0043 Mail-in entries must be received by the “Mail-in Entry Due Date” listed in the schedule in Section 5 to be eligible for the corresponding drawing(s) (also an “Entry”). Limit one (1) entry per stamped-outer envelope. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, stolen, postage-due or misdirected mail.
Entries will not be judged. Limit one (1) Entry per person/social media account per day. A “day” is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. PDT and ending at the following 11:59:59 p.m. PDT. For Entries submitted via Facebook or Instagram, the clock used for entry (Facebook or Instagram) is the official clock for this Sweepstakes.
Applicable to entry methods (a) and (b): The name of the person submitting an Entry into the Sweepstakes must be the name of the authorized account holder of the social media account used to enter, otherwise, Entry may be deemed void. In the event of a dispute over the identity of a potential winner, Entry will be declared made by the authorized account holder of the social media account used during the entry process. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account.
Proof of delivery or receipt of Entry will not be deemed by the Sponsor as proof of Entry into this Sweepstakes.
Standard data charges may apply if participating via your mobile device. Entries must comply with any applicable submission requirements located at the Web Site including, but not limited to all format and size requirements and the technical, creative, and legal requirements set forth in these Official Rules.
Each Entry submission must be manually key stroked and/or manually entered by the individual entrant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related social media accounts or IP addresses may be blocked. Additionally, use of multiple email addresses, phone numbers, mailing addresses and/or multiple social media accounts or the manipulation of an entrant’s contact information, for the purpose of obtaining more than the stated number of Entries, is prohibited and such persons will be disqualified and all Entries shall be deemed invalid and any prize won shall be forfeited.
BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND PROMOTION PARTIES’ SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an Entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.
- SOCIAL MEDIA ENTRY GUIDELINES: By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation. The Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By acceptance of your submission, you acknowledge that the Sponsor does not waive any rights to use similar or related ideas previously known to the Sponsor, or developed by its employees, or obtained from sources other than you. The Sponsor reserves the right to, and may or may not, monitor/screen Entries. By entering, you acknowledge that the Sponsor has no obligation to use or post any Entry you submit.
By submitting an Entry, you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third-party rights. Each entrant will indemnify and hold harmless, the Sponsor and Promotion Parties (defined below) from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including the Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to awarding of prize.
If the Sponsor, at any time during the Sweepstakes Period, receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in an Entry, the Sponsor reserves the right to remove such Entry at any point in the Sweepstakes Period, without prior notice and Entry will be deemed void and ineligible to receive a prize.
ENTRIES POSTED TO THE WEB SITE WERE NOT EDITED BY THE SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by the Sponsor does not constitute a general waiver of any obligation to entrants. The Sponsor reserves the right to waive the submission requirements set forth herein in its reasonable discretion.
- ELIGIBILITY: Sweepstakes open only to legal U.S. residents residing in AZ, CA, CO, IL, LA, NM, NV, TX, UT, WA or WY who are 18 years of age or older at the time of entry. Winner may be required to show proof of residency and or age. Employees of Pepsi Beverage Company, Pepsi-Cola Company (“Sponsor”), and its bottlers, Wienerschnitzel, Live Nation Worldwide, Inc. (“Live Nation”), and each of their respective parents, subsidiaries, divisions, affiliates, distributors, suppliers, retailers, dealers and advertising, promotional or judging agencies, officers, directors, employees, agents, licensors, and assigns (collectively, “Sponsor and Promotion Parties”) and the immediate family members (parent, child, sibling or spouse of any of the foregoing, including step-parent, step-child or step-sibling) and household members of such individuals (whether related or not) of each, are not eligible to participate or win.
- DRAWINGS: Three (3) First Prize winners will be selected for each Entry Period in a random drawing to take place on or about the Drawing Date listed in the schedule below from among all eligible Entries received for the applicable Entry Period (each a “First Prize Drawing”). Entries will carry forward to subsequent First Prize Drawings and the Grand Prize Drawing. One (1) Grand Prize winner will be selected in a random drawing to take place on or about July 6, 2017 from among all eligible Entries received for the entire Sweepstakes Period. All drawings will be conducted by an independent judging agency whose decisions are final. Odds of winning are solely dependent upon the total number of eligible Entries received for a given drawing. Entries submitted during the Sweepstakes Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent sweepstakes. All prizes will be awarded. Limit one (1) First Prize per person/household. A First Prize winner is eligible to win the Grand Prize.
ENTRY/DRAWING SCHEDULE FOR FIRST PRIZE DRAWINGS:
- PRIZE DETAILS: GRAND PRIZE: One (1) Grand Prize will be awarded, consisting of one (1) Rock Flight® which includes two (2) tickets to a Live Nation® produced and promoted concert at a Live Nation® owned and operated venue in the United States; round-trip coach class air transportation for two (2) from an airport nearest winner’s home within the U.S. to the major airport nearest the concert, one (1) double-occupancy standard hotel room for two (2) nights in the destination city, A $200.00 pre-paid debit card (subject to terms and conditions as stated by issuer) which may be used toward ground transportation. Tickets are subject to availability, venue capacity and artist restrictions. Tickets to a particular concert are not guaranteed. Selection of airline, hotel and concert seat locations are solely within Live Nation’s discretion. All other expenses not specifically mentioned herein are solely the winner’s responsibility. Live Nation reserves the right to provide ground transportation in lieu of air transportation if the winner resides within two hundred (200) miles from concert venue. Winner and guest must abide by all venue policies. Live Nation reserves the right to revoke full or partial prize from any winner or winner’s guest who it or venue personnel deem may, in its sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, or may bring Live Nation or Sponsor into disrepute. Winner will be required to provide a credit card to hotel to cover incidentals which are not included in prize package. Concert must be selected at least thirty (30) days in advance of the travel date and is subject to availability and age restrictions. Travel must take place on the day prior to the confirmed concert and return the day following the concert. All travel must be taken no later than June 30, 2018; no alternative travel dates are available. If winner is unable or unwilling to travel on the dates specified, the prize will be forfeited and may be awarded to an alternate winner. All travel subject to availability and restrictions. Winner and travel guest must travel on same itinerary. A minor may accompany winner as a travel guest only if the winner is the minor’s parent or legal guardian. Minor must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Winner and travel guest must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Live Nation and Sponsor are not responsible for changes in schedule of any element of the prize or for any expenses incurred as a consequence of flight cancellation or delay. Live Nation and Sponsor are not responsible and will have no liability if the winner and/or his/her guest is for any reason not permitted to travel by the relevant airport authorities or misses a flight or other travel element. An unclaimed and/or unused prize element will remain the property of Live Nation. Resale of tickets is prohibited. Approximate Retail Value (“ARV”): $2,400.00. Actual value depends upon winner’s point of travel origin and airfare fluctuations at the time of taking the trip. Any difference between stated approximate retail value and actual value of prize will not be awarded.
Total ARV of all prizes is $6,600.00.
- CONDUCT: By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. The Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes; or to be acting in any manner deemed by the Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by the Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSBILE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATIONS OF LIABILITY: The Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Sweepstakes; (c) 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, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or Web Site or any combination thereof; (e) suspended or discontinued Internet or wireless service; or (f) any injury or damage to entrants or to any other person’s computer or property which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes. If, for any reason, the Sweepstakes 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 Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, the Sponsor shall immediately suspend the drawing and awarding of the prizes, and the Sponsor reserves the right to award the prizes in a manner deemed fair and equitable by the Sponsor, such as by way of example and not by way of limitation, in a random drawing from among all eligible, non-suspect Entries received up to the time of the impairment, and the Sponsor shall not have any further liability to any entrant in connection with the Sweepstakes. The Sponsor may modify and amend these Official Rules as they may appear online from time to time during the Sweepstakes for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
- WINNER NOTIFICATION: If a potential winner participated via Instagram, Sponsor will notify winners via comment or direct message through his/her Instagram account. If a potential winner participated via Facebook, Sponsor’s representative will comment on potential winner’s Entry submission within the Entry Post. Potential winners will be required to claim their prize within seventy-two (72) hours at an email address to be provided within the notification or prize may be forfeited. Sponsor will then contact potential winners via email to verify identity and contact information. If a potential winner participated via the mail-in entry method, he/she will be notified by email, mail and/or phone. Sponsor is not responsible for any change in entrant’s email address, social media account, mailing address and/or telephone number. Grand Prize winner will be required to sign and return an Affidavit of Eligibility/Liability Release with (where lawful) a publicity release within seven (7) days of attempted winner notification as indicated by the date on the Affidavit. Failure to return the required documents within seven (7) days may result in prize forfeiture. Upon forfeiture for any reason as stated within these Official Rules, no compensation will be given except in the Sponsor’s sole discretion. Prizes will be awarded within 6-8 weeks of winner verification. If any prize is returned as undeliverable, prize will be forfeited and Sponsor shall have no further liability to award that prize.
By accepting a prize, each winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to the Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Each winner hereby waives in favor of the Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry. The Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of the Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by the Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should the Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of the Sponsor’s rights and the Sponsor may at a later time request the assignment.
- WINNER RELEASES: All entrants, as a condition of participating in the Sweepstakes, agree to release the Sponsor and Promotion Parties, Facebook and Instagram (and each of their respective officers, directors, employees, agents, licensors, affiliates and assigns) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of any prize awarded, or while preparing for or participating in any prize-related activity, including travel thereto, or any typographical or other error in these Official Rules or the announcement or offering of any prize. The winner shall bear all risk of loss or damage to their prize after it has been delivered. Except where prohibited by law, each winner grants to the Sponsor and Promotion Parties the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known, the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by the Sponsor.
- WINNER’S LIST: For the names of the winners, send a self-addressed stamped envelope by July 31, 2017 to: Concert Sweepstakes at Wienerschnitzel Winner’s List, 10 South 5th Street-7th Floor, Dept. 888-7028, Minneapolis, MN 55402.
- SPONSOR: Sponsor: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY 10577.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You understand that you are providing your information to Sponsor and not to Facebook or Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Facebook or Instagram.
Live Nation is not a sponsor of the Sweepstakes, and is in no way responsible for the administration of the Sweepstakes, the verification of winners or the fulfillment of prizing. All inquiries regarding the Sweepstakes should be directed to Sponsor and not to Live Nation. Live Nation, Rock Flight and Concert Cash are registered trademarks of Live Nation Worldwide, Inc.