PEPSI® - NEW YORK YANKEES 2020 HOME OPENER SWEEPSTAKES (THE “SWEEPSTAKES”)
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MULTIPLE DRAWING DATE DEADLINES APPLY.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States residing in NY, NJ, or CT, within seventy-five (75) miles of Yankee Stadium, who are eighteen (18) years of age or older at the time of entry. Entrants who enter via Twitter must also have a Twitter account with a public profile. Employees, officers, and directors (including 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 Pepsi-Cola Company (“Sponsor”), New York Yankees Partnership (“New York Yankees”), the other MLB Entities and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes are not eligible to participate or win a Prize (defined below). The “MLB Entities” shall mean 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 and local laws, rules and regulations. Void outside NY, NJ, CT and where prohibited or restricted by law, rule or regulation.
HOW TO ENTER: The Sweepstakes begins at 12:00 a.m. ET on 3/9/20 and ends at 11:59 p.m. ET on 3/22/20. (the “Entry Period”). You may enter the Sweepstakes in one (1) of the following two (2) ways: online via Twitter or online via website. Limit one(1) entry per person/Twitter account/game play/household, per day, regardless of method of entry.
A “day” is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. ET and ending at 11:59:59 p.m. ET. The time clock of the Promotion administrator is the official clock for this Promotion.
Primary Method of Entry (Online via Twitter): To enter, you must (a) have a valid, public (i.e., not protected) Twitter account and be a follower of @Yankees and (b) Re-Tweet prompted posts on the @Yankees account, during the Entry Period, from your Twitter account to remain publicly posted through the final Drawing Date. Your Retweet(s) must remain publicly posted through the final Drawing Date pursuant to Twitter Terms of Service and Twitter Rules available at twitter.com/tos. All information submitted online via Twitter 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 (see above); all information submitted online via Twitter and shared with applicable MLB Entities per entrants’ Twitter account settings is subject to, and will be treated in a manner consistent with, Major League Baseball’s Privacy Policy accessible at: mlb.com/privacy. All information submitted online via Twitter and shared with Sponsor per entrants’ Twitter account settings, or online directly to Sponsor in connection with the Prize Notification process, is subject to, and will be treated in a manner consistent with, Sponsors Privacy Policy accessible at: http://policy.pepsi.com/privacy.htm . If you do not have a Twitter account, visit twitter.com and register in accordance with the enrolment instructions for a free Twitter account. Data and usage rates may apply to the download and use of the Twitter application. The time of receipt of any valid Twitter entry shall be the time such valid entry becomes available to Sponsor on Twitter.com. Sponsor's computer shall be the official clock of the Sweepstakes. Any entries that does not comply with these Official Rules, and any that are removed or hidden prior to the final Drawing Date are void.
Alternative Method of Entry (Online via website): To play via the Internet for free, visit www.PepsiPromos.com/YankeesHomeOpener (the “Website”) and follow the on-screen registration instructions. Once you have provided the required information, click “ENTER” and your submission will be entered into the Grand Prize and First Prize drawing dates. All Game Plays must be submitted by 11:59:59 p.m. ET on 3/22/20.
In the event of dispute over the identity of a potential winner, a Game Play will be declared made by the authorized account holder of such email address submitted at the time of Game Play, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. It is solely the responsibility of the participant to notify the Sponsor in writing if the participant changes his or her email, wireless phone number or postal address during the Promotion Period. To notify Sponsor of any changes in address, email address, email PSG at [email protected] and provide the new information. Include {Yankees 2020 Home Opener}/Contact Changes in the subject line. Each Game Play must be manually keystroked and manually entered by the individual participants; automated and/or repetitive electronic Game Plays (including but not limited to Game Plays made using any script, macro, bot or promotion service) will be disqualified and transmissions from these or related email/IP addresses may be blocked.
RANDOM DRAWINGS: Potential winners will be selected in a random drawing on March 23, 2020 and March 30, 2020 (each a “Drawing Date”) from among all eligible entries received as of 11:59 p.m. ET on the date prior to the applicable Drawing Date (each, a “Drawing Date Deadline”). Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winners will be declared the official winners of the Sweepstakes (each, a “Winner” and collectively, the “Winners”). Drawings will be conducted by an independent judging organization; whose decisions are final. Odds of winning depend on the total number of eligible entries received as of the applicable Drawing Date Deadline. Entries eligible for one drawing remain eligible for the subsequent drawing. Grand Prize drawing will take place on 3/23/20. All prizes will be awarded. Limit one (1) Prize per person, family or household.
PRIZES: Sixty-one (61) total prizes will be awarded (e.g. twenty-five (25) Grand Prizes and thirty-six (36) First Prizes) based on order of random selection as determined by the Sponsor as follows:
Twenty-five (25) Grand Prizes will be awarded. Each Winner will receive two (2) tickets to the Pepsi Party Suite for the New York Yankees home opener game on 4/2/20 (each, a “Grand Prize”). (Approximate Retail Value “ARV” of each Grand Prize: $850; total ARV of all Grand Prizes: $21,250.)
Thirty-six (36) First Prizes will be awarded (four (4) Winners per game date). Each Winner will receive two (2) tickets, one for the Winner and one for his/her one (1) guest for one (1) of the New York Yankees 2020 regular season home games specified below** (total ARV of all First Prizes: $10,116). Total ARV of all Prizes combined: $31, 366.
4/6/20: One (1) Winner will receive (one) 1 pair of tickets in section 129 with an ARV of $206 and three (3) winners will each receive one (1) pair of tickets in section 127b, each with an ARV of $306.
4/7/20: One (1) Winner will receive (one) 1 pair of tickets in section 129 with an ARV of $206 and three (3) winners will each receive one (1) pair of tickets in section 127b, each with an ARV of $306.
4/8/20: One (1) Winner will receive (one) 1 pair of tickets in section 129 with an ARV of $206 and three (3) winners will each receive one (1) pair of tickets in section 127b, each with an ARV of $306.
4/9/20: One (1) Winner will receive (one) 1 pair of tickets in section 129 with an ARV of $206 and three (3) Winners will each receive (1) pair of tickets in section 127b, each with an ARV of $306.
4/28/20: One (1) Winner will receive (one) 1 pair of tickets in section 129 with an ARV of $206 and three (3) Winners will each receive one (1) pair of tickets in section 127b, each with an ARV of $306.
4/29/20: One (1) Winner will receive (one) 1 pair of tickets in section 129 with an ARV of $206 and three (3) Winners will each receive one (1) pair of tickets in section 127b, each with an ARV of $306.
4/30/20: One (1) Winner will receive (one) 1 pair of tickets in section 129 with an ARV of $206 and three (3) Winners will each receive one (1) pair of tickets in section 127b, each with an ARV of $306.
5/5/20: One (1) Winner will receive (one) 1 pair of tickets in section 129 with an ARV of $206 and three (3) Winners will each receive one (1) pair of tickets in section 127b, each with an ARV of $306.
5/6/20: One (1) Winner will receive (one) 1 pair of tickets in section 129 with an ARV of $206 and three (3) Winners will each receive one (1) pair of tickets in section 127b, each with an ARV of $306.
TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED.
***All New York Yankees games will be held at Yankee Stadium in Bronx, NY on the dates specified above. *Ticket prizes must be used on the dates specified; no alternate dates are available. Any minor guest must always be accompanied by winner who must be the minor’s parent or legal guardian. Meals, gratuities, transportation to and from winner’s home and a venue and other expenses not specifically mentioned herein are the winner's responsibility. No responsibility is assumed by Sponsor, New York Yankees, and the other MLB Entities for canceled, delayed, suspended or rescheduled events. Winner and winner’s guest must abide by all venue policies and game/event ticket terms and conditions. Failure to do so may result in forfeiture of prize. If event is cancelled or postponed, no compensation or substitution will be provided. Sponsor reserves the right to revoke the 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 Sponsor, New York Yankees or any MLB Entity of the game of baseball into disrepute.
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, and local taxes. The Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Seat locations at the game and, unless otherwise stated in the Prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Each Winner’s guest must be of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. 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 or any other reason. Each 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 applicable MLB Entities reserve the right to remove or to deny entry to any Winner and/or his/her guest 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, work stoppage or any other natural disaster 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 purpose 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 such potential winner's Twitter account (in the sole discretion of Sponsor) provided at the time of entry or from which entry was submitted (the "Prize Notification") and may be required, if applicable, to privately (through Twitter direct message, email, or other secure, private means) provide his/her name, address, age and other personal information necessary to receive the Prize. In the event that any potential winner does not respond to any such 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 received as of the applicable Drawing Date Deadline. Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Publicity, within three (3) days of the date of issuance. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in 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 received as of the applicable Drawing Date Deadline.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) waive any and all claims against Sponsor, PepsiCo, Inc., New York Yankees, the other MLB Entities, Twitter, Inc. (“Twitter”), and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies 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 the participation in the Sweepstakes or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor by telephone, email and/or postal mail for Sweepstakes purposes. Each Winner, by acceptance of the Prize, grants to Sponsor and its designees the right to publicize such Winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or 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: 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; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prizes or in any Sweepstakes-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrants’ 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 website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor, New York Yankees 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. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by Sponsor, New York Yankees, MLB and/or their respective agents. 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 the Prizes (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/or MLB reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winners and award the Prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such 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 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, NEW YORK YANKEES, MLB AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS 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 an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address. 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. For entries via Twitter, the "Authorized Twitter Account Holder" is defined as the natural person who is assigned to a Twitter account by twitter.com.
As a condition of entering this Sweepstakes, each entrant agrees that (i) 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 (1) 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 (2) settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association 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 (ii) 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. 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.
All entry data provided online is provided to Sponsor and/or MLB and not to Twitter. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter.
WINNERS’ LIST: For a list of 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-New York Yankees 2020 Home Opener Sweepstakes Winner’s List: P.O. Box 940340, Maitland, FL 32794-0340.
SPONSOR: The Sponsor of this Sweepstakes is Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.
PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc. New York Yankees trademarks and copyrights proprietary to New York Yankees. Used with Permission. Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved. TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates.