Pepsi Tribe At Home Sweepstakes

PEPSI TRIBE AT HOME SWEEPSTAKES (THE “SWEEPSTAKES”)

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE APPLICABLE ENTRY PERIOD. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. TRAVEL NOT INCLUDED WITH ANY PRIZE.

ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States (excluding Rhode Island, New York and Florida), including its commonwealths, territories, and possessions, and Canada (excluding the Province of Quebec) who are eighteen (18) years of age (except in the case of residents of jurisdictions where the legal age of majority is greater than eighteen (18) years, such legal age of majority) or older at the time of entry. Employees, officers, and directors, and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and members of the same household (whether or not related), of the Cleveland Indians Baseball Company, LLC (“Sponsor”), the other MLB Entities and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any other entity associated with the Sweepstakes are not eligible to participate or win a prize. “MLB Entities” means the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated, and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees, and agents of the foregoing entities. The Sweepstakes is subject to all applicable federal, state, territory, provincial, and local laws, rules, and regulations. Void in the Province of Quebec, Rhode Island, New York, Florida and where prohibited or restricted by law, rule, or regulation.

HOW TO ENTER: The Sweepstakes will be divided into multiple entry periods (each, an “Entry Period”) as set forth in the table below. All Entry Period times are based on Eastern Time. Enter via Twitter, as described below. No other method of entry will be accepted. Limit one (1) entry per Entry Period per person/Twitter account. Additional entries beyond the specified limit will be void. Non-winning entries to any Entry Period will not roll over and will not be included in subsequent Entry Periods, if any.

Entry Period	Start Date/Time	End Date/Time	Drawing Date
1	9/9/2020	9AM 9/11/2020	9/14/2020
2	9/12/2020	9AM 9/15/2020	9/17/2020
3	9/16/2020	9AM 9/18/2020	9/21/2020
4	9/20/2020	9AM 9/22/2020	9/24/2020
5	9/23/20	9AM 9/25/2020	9/28/2020
6	9/27/2020	9AM 9/29/2020	10/01/2020

To enter, you must have a valid public (i.e., not protected) Twitter account and be a follower of @Indians (the “Sweeps Twitter Account”). During each Entry Period, the Sweeps Twitter Account will post a Tweet which invites entries into the Sweepstakes. Using your Twitter account, reply to or Retweet such Tweet and include the hashtag #PepsiTribeAtHomeSweepstakes (“Entry Tweet”). Your Entry Tweet must remain publicly posted through the applicable Drawing Date (as set forth above) and must comply with the Content Restrictions (as set forth below) and Twitter’s Terms of Service and Twitter Rules and Policies available at twitter.com/tos. As set forth above, each Entry Tweet enters you only into the then-applicable Entry Period. Should you or any member of your family or household not be the winner in that Entry Period, you may enter into the subsequent Entry Period by following the same process set forth above. Non-winning entries to any Entry Period will not roll over and will not be included in subsequent Entry Periods, if any

All information submitted via the Twitter platform is subject to, and will be treated in a manner consistent with, Twitter’s Privacy Policy accessible at twitter.com/privacy and Twitter Terms of Service and Twitter Rules and Policies. All information submitted via Twitter and shared with any of the MLB Entities per your Twitter account settings, or submitted directly to any of the MLB Entities in connection with the Prize Notification process, is subject to, and will be treated in a manner consistent with, MLB’s Privacy Policy accessible at mlb.com/privacy. If you do not have a Twitter account, you may register for one, for free, at Twitter.com. Data and usage rates may apply to the download and use of the Twitter mobile application. The time of receipt of any Twitter entry shall be the time such entry is made available to Sponsor via the Twitter platform. Sponsor's computer shall be the official clock of the Sweepstakes. Any entries that do not comply with the Content Restrictions or otherwise with these Official Rules and any that are removed or hidden prior to the applicable Drawing Date are void.

RANDOM DRAWING; ODDS: On or about each Drawing Date specified above, one (1) potential winner will be selected by random drawing from among all eligible entries received during the applicable Entry Period. Subject to verification of eligibility and compliance with these Official Rules, the potential winners will be declared the official winners of the Sweepstakes. Odds of winning depend on the total number of eligible entries received during the applicable Entry Period. Limit one (1) prize per person, family, or household throughout the duration of the Sweepstakes

PRIZE: Six (6) total Prizes Will Be Awarded: One during each Entry Period. The winner from each Entry Period will receive:
• Current Player Signed Jersey
• Game Used Line-Up Card
• Pepsi Prize Pack/ Product
• (4) Club Seats to a 2021 Indians Game
(Approximate Retail Value (“ARV”) of each prize: $ 1050; total ARV of all prizes: $ 6300) TRANSPORTATION AND LODGING NOT INCLUDED IN ANY PRIZE.

PRIZE CONDITIONS: All prize details shall be determined in the sole and absolute discretion of Sponsor. Each winner is fully responsible for any and all applicable federal, state, territory, provincial, and local taxes (including income and withholding taxes). All costs and expenses associated with prize acceptance and use which are not specifically included in the prize description above, including but not limited to transportation, lodging, meals, gratuities, insurance, and other expenses, are the sole responsibility of the winner. The prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute any prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. TRANSPORTATION TO/FROM THE GAME, EVENT OR EXHIBITION AND LODGING NOT INCLUDED. Seat locations at the games and, unless otherwise stated in the Prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Award of Grand Prize shall be conditioned upon fans being permitted to attend games in the stands during the 2021 baseball season and may be modified by the Sponsor in its sole discretion. Winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the BOC and/or Sponsor, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance, diseases, epidemics, pandemic, quarantines, governmental intervention, or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Prize. Sponsor and the other applicable MLB Entities reserve the right to remove or to deny entry to the Winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, diseases, epidemics, pandemic, quarantines, governmental intervention, work stoppage or any other reason outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as Prizes may not be resold or offered for resale or used for any commercial or promotional purposes whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s).

NOTIFICATION: Each potential winner will be notified at the email address, postal address, telephone number and/or via direct message to the Twitter account (as determined by Sponsor) provided at the time of entry (the "Prize Notification"). In the event that any potential winner does not respond to Prize Notification within three (3) days of the date of issuance or declines the prize for any reason, a disqualification will result, the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries for the applicable Entry Period. Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may receive an IRS Form 1099 for any prize valued at $600 or greater. Each potential winner may be required to execute, have notarized, and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Release of Publicity, within five (5) days of the date of issuance. In the case of Canadian residents, the potential winner will be required to answer correctly, without assistance of any kind (mechanical or otherwise), a time limited mathematical skill testing question which will be administered by Sponsor by telephone at a mutually agreeable time. Failure to submit any identification required by Sponsor or to return any required documents within the specified time period, noncompliance with these Official Rules, the return of Prize Notification or of the prize (or any portion thereof) as non-deliverable, or, in the case of Canadian residents, the failure to answer correctly the skill testing question as determined by Sponsor in its sole discretion may result in the potential winner’s disqualification and prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries for the applicable Entry Period.

CONTENT RESTRICTIONS: Entrants must not include any of the following (the "Content Restrictions") in any entry: (a) nudity, pornography, adult-oriented content, or any other explicit material; (b) materials relating to lotteries or gambling; (c) profanity, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious, or slanderous materials; (f) content that denigrates, disparages, or reflects negatively on the MLB Entities, their owners and employees, or the game of baseball; (g) tobacco, e-cigarettes, alcohol, or drugs; (h) dangerous stunts; (i) real weapons of any kind including, but not limited to, guns, knives, or projectiles; (j) material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (k) individuals under legal age of majority without providing a signed release from parent or legal guardian; (l) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (m) material that is unlawful or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the entry is created. Any entry that does not comply with the foregoing, as determined in the sole discretion of Sponsor, will be disqualified.

ENTRY PUBLICATION, LICENSE, AND RELEASE: By entering the Sweepstakes, each entrant (a) agrees that his/her entry (excluding any Tweet of the Sweeps Twitter Account which may be contained in his/her entry) is an original work of authorship and that he/she owns all right, title, and interest in the entry as of the date of submission, or has all necessary rights and authorizations to submit the entry, including the express permission of all individuals embodied in the entry, for possible use as provided herein; (b) agrees that his/her entry does not violate MLB’s Terms of Use accessible at mlb.com/tou or infringe upon the copyright, trademark, or other intellectual property rights, or rights of privacy or publicity, of any person or entity; (c) grants to Sponsor, the other MLB Entities, and each of their respective designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate, and/or create derivative works from his/her entry throughout the world and in perpetuity, including, but not limited to, the right for the MLB Entities to publish, display, broadcast, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit the entry via the Internet, in stadium, on television, in print, and/or any other media currently existing and hereafter developed without limitation and without notice or payment of any compensation to the entrant or his/her heirs and successors: (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming, or services of the MLB Entities or for any other advertising, marketing, and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever; and (d) release in perpetuity the Released Parties (as defined below) from any claims, demands, losses, and liabilities of any nature arising out of or in any way connected with the entry and use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation, or infringement of rights of publicity or privacy. Nothing herein will obligate the MLB Entities to make any use of any of the rights set forth herein.

WAIVER OF LIABILITY/PUBLICITY RELEASE: By entering the Sweepstakes, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) waive any and all claims against Sponsor, the other MLB Entities, Twitter, Inc., Facebook, Inc., Apple, Inc., Pepsi-Cola Company, PepsiCo, Inc. and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives, advertising and promotion agencies, and any other company associated with the Sweepstakes, and all of their respective officers, directors, employees, agents, and representatives (collectively, “Released Parties”) for any injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from participation in the Sweepstakes, receipt or use of any prize (or any portion thereof), or any travel or activity related thereto. By entering the Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor and/or MLB by telephone, email, and/or postal mail for Sweepstakes purposes. Each winner, by acceptance of the prize, grants to Sponsor, MLB, and each of their respective designees the right to publicize his/her name, city and state/territory/province of residence, prize information, photograph, voice, statements, and/or other likeness for advertising, promotional, trade, and any other purpose, in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.

GENERAL CONDITIONS: The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due, or garbled entries, transmissions, email, or mail; lost, interrupted, or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections; availability, accessibility, miscommunications, or failures of computer, satellite, telephone, cable, or wireless transmissions or lines; computer hardware or software malfunctions, failures, or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines, telephone systems, wireless towers, or cellular tower equipment; any error, omission, interruption, defect, or delay in wireless or other transmission, processing, or communication; printing, typographical, or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements, or other materials; cancellation or postponement of any Major League Baseball game/event/exhibition; or any other errors, problems, or difficulties of any kind, whether human, mechanical, electronic, or other, relating to the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with administration of the Sweepstakes, processing of entries, announcement of any winner, or any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users (e.g., hacking) or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrant’s or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Sweepstakes website. Persons who tamper with or abuse any aspect of the Sweepstakes or website; attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices; intend to annoy, abuse, threaten, or harass any other entrant or any representative of Sponsor and/or MLB; or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty, or representation of any kind concerning any prize (or any portion thereof) and (b) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and MLB reserve the right, in their sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) in the event Sponsor is prevented from executing the Sweepstakes as contemplated herein by any event beyond Sponsor’s control, including but not limited to: fire; flood; earthquake; explosion; public health epidemic or crisis; labor dispute or strike; act of God or public enemy; network or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; or federal, state, or local government law, order, or regulation. Sponsor and MLB also reserve the right, in their sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes or events corrupt administration, security, fairness, integrity, or proper operation of the Sweepstakes. In the event of cancellation, Sponsor may elect to identify the winner and award the prize by way of random drawing from among all non-suspect, eligible entries received up to the time of cancellation. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHER PROPERTY ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT AND SPONSOR, MLB, AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Entries generated by a script, macro, or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on a Twitter account, the winning entry will be declared made by the Authorized Twitter Account Holder of the Twitter account used to enter the Sweepstakes, provided he/she is eligible according to these Official Rules. The "Authorized Twitter Account Holder" is defined as the natural person who is assigned to a Twitter account by Twitter, Inc.

ARBITRATION; CLASS ACTION WAIVER: As a condition of entering this Sweepstakes, each entrant agrees that (a) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Sweepstakes or any prizes awarded (each, a "Claim") shall be (i) arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party and (ii) settled by binding arbitration in New York County, New York before a single arbitrator appointed by JAMS in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses. For New Jersey residents, the limitations set forth above may be inapplicable where attorneys' fees, court costs, or other damages are mandated by statute. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State.

WINNER LIST: For the winners’ names, mail a request and a self-addressed stamped envelope to be received no later than ninety (90) days after the Drawing Date to: Pepsi Tribe At Home Winner List, c/o Cleveland Indians, 2401 Ontario St, Cleveland OH 44114.

SPONSOR: The Sponsor of this Sweepstakes is the Cleveland Indians Baseball Company, LLC, 2401 Ontario St, Cleveland OH 44114.
Major League Baseball trademarks, service marks, and copyrights are proprietary to the MLB Entities. All rights reserved.

This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. or Twitter, Inc. TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates. Apple is not a participant in or sponsor of this promotion.