PEPSI® #ALLFORNINERS INSTAGRAM
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR THE SAN FRANCISCO 49ERS. MULTIPLE ENTRY DEADLINES APPLY.
1. Sweepstakes Period: The Pepsi® #ALLFORNINERS Instagram Sweepstakes (the “Sweepstakes”) starts September 8, 2014 at 12:00:00 am PT and ends December 31, 2014 at 11:59:59 pm PT (the "Sweepstakes Period").
2. Eligibility: To be eligible to enter, you must be an Instagram account holder who is a legal resident of the U.S. residing in California who is at least 18 years of age or older throughout the Sweepstakes Period. Employees of all participating locations, the San Francisco 49ers, The NFL Entities (as defined below), NBCUniversal Media, LLC (“Sweepstakes Entity”), Pepsi Beverages Company (“Sponsor”), Pepsi-Cola Company and its bottlers, PepsiCo, Inc, Instagram and each of their respective parent companies, subsidiaries, affiliates, divisions, distributors, suppliers, printers, distributors and advertising, promotional and judging agencies and the immediate family members of such employees (parent, child, sibling, spouse) and persons living in the same household as such employees (whether related or not) are not eligible to win. Limit one prize per name, email address and/or household. No substitution of prize offered, no transfer of the prize to a third party is permitted, and noncash prizes may not be redeemed for cash. The Sweepstakes is subject to all applicable federal, state, local laws and regulations. Void where prohibited by law. If applicable, winner may receive an IRS form 1099 for the retail value of the prize. No groups, clubs, newsletters or organizations may reproduce or distribute any portion of these official rules to their members. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decision of the judges will be final and binding.
3. How to Enter: To enter the Sweepstakes portion of the Promotion online, you must be a registered member of Instagram. If you are not a registered member of Instagram, please visit http://www.Instagram.com to register for an account. Registration for and use of Instagram and other Instagram, applications are subject to Instagram’s terms and conditions and Sponsor has no responsibility with respect to such registration or use.
Upload your photo or video to Instagram (“Website”) and include the hash tag #ALLFORNINERS in your caption before sharing (the “Submission”). Wireless phone charges and data rates may apply. Your picture or video must be a “selfie” image of you celebrating/cheering on the 49ers to be eligible. Your image or video must be taken by you and include you. Proof of delivery or receipt of Submission will not be deemed by Sponsor as proof of Submission into this Sweepstakes. All Sweepstakes Entries submitted become the sole property of Sponsor and will not be returned. All Sweepstakes Entries must be submitted by 11:59:59 pm PT on December 31, 2014 to be considered for the final drawing. The person registering for the Sweepstakes and uploading the Submission will be deemed the Entrant (“Entrant”). Entrant may upload a design using their own tools provided that the file size should be kept at or under two (2MB) for quicker upload/encoding time. Uploaded photo files must be provided in the following file formats: JPEG or PNG. Files must be at least 720 pixels. Uploaded videos should be no longer than (:15) seconds. By entering, each entrant warrants and represents the following with respect to Submission: (a) entrant is the sole and exclusive owner of the photo and has obtained the necessary rights and consents; and (b) the photo will not infringe on any rights of any third parties. Once uploaded, Submission will not be returned. All Submissions will be reviewed for content before being published. Sponsors may, in their sole discretion, remove, delete and/or forfeit any Submission they deem inappropriate, indecent or obscene, and unsuitable for publishing or otherwise non-compliant. Certain Submissions may be featured from time to time on the Website during the Sweepstakes Period, in Sponsors’ sole discretion; being selected as a featured Submission does not guarantee selection as a Prize Winner in the Sweepstakes. Proof of entry or sending is not proof of receipt by Sponsor or Administrators. Sweepstakes Entity and Sponsor may choose to display online on the NBC BAY AREA website at www.nbcbayarea.com a selection of entrants’ Submissions. By entering the Sweepstakes, each entrant agrees to the potential posting of such entrant’s name and Submission on www.nbcbayarea.com. Sweepstakes Entity and/or Sponsor shall have no obligation to copy, publish, display, or otherwise exploit Submissions.
4. Agreement to Official Rules: By participating in the Sweepstakes, Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrators, which are final and legally binding in all matters related to the Sweepstakes. Whether an Entrant receives a prize is contingent upon fulfilling all requirements set forth herein (the “Official Rules”).
5. Submission Limits: Each Entrant may enter up to one (1) Submission per day during the Sweepstakes Period per name, account and/or email address. Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than one (1) Submission per day by using multiple/different accounts, email addresses, identities, registrations and logins, or any other methods will void that Entrant's Submissions and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
6. Grant of Rights to Sponsor: By submitting a Submission, Entrant hereby agrees that:
(a) Sponsor is granted the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify such Submission in any way, in any and all media, for any purpose, without limitation, and without consideration to the Entrant, his or her successors or assigns, or any other entity. Entry of a Submission in this Sweepstakes constitutes Entrant’s irrevocable assignment, conveyance and transference to Sponsor of all right, title and interest in the Submission, including, without limitation, all copyrights without compensation to the Entrant. Sponsor will have the right to use the Submission in any packaging, merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrant forever waives and relinquishes on behalf of themselves, their heirs, executor, and administrator and assigns any and all rights, including but not limited to goodwill in and to the Submission. Entrant also irrevocably grants Sponsor the right to use their name, voice, likeness and biographical material in or related to the Submission. Entrant agrees not to issue any publicity on behalf of or in connection with Sponsor, their Submission and/or their participating in the Sweepstakes.
(b) All Submissions become the exclusive property of Sponsor, and none will be acknowledged or returned. All Submissions will be reviewed for content before being published or judged, however, such review does not relieve Entrant from responsibility for compliance with these Official Rules. From time to time during the Sweepstakes Entry Period, Sponsor may, in its sole discretion, choose to feature some recent Submissions on the Website or other various media platforms. Being featured on the Website or other media platforms in no way reflects the possibility of the Submission being a Prize Winner in the Sweepstakes.
7. Promotion Terms of Submission: As conditions of entry into this Sweepstakes and by uploading a Submission, each Entrant represents and warrants that their entire Submission: (a) is wholly original; (b) has been created solely by the Entrant listed upon Submission on the Website; (c) has been legally obtained and/or created; (d) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards; (e) they have not granted or transferred any rights in or to the Submission to any third party prior to the date of Submission; and (f) Entrant has not done anything which has impaired and will not do anything to impair the rights granted to Sponsor in any way.
8. Drawings: Prize winners will be selected in random drawings from among all eligible entries received by each drawing’s deadline (11:59:59 pm PT the night prior to the drawing date). Drawings will be held on or about the following dates: 9/19/14, 9/25/14, 10/7/14, 10/13/14, 10/17/14, 10/22/14, 10/31/14, 11/6/14, 11/11/14, 11/17/14, 11/24/14, 12/4/14, 12/8/14, 12/12/14, 12/22/14, 1/3/15 by ID Effector, an independent judging agency, whose decisions shall be final. Non-winning entries will roll over to the next drawing date until the end of the promotion on December 31, 2014. Limit one (1) prize per person household, email and account throughout the Sweepstakes Period. Odds of winning depend on the total number of eligible entries received by each entry deadline. All prizes will be awarded.
THE FOLLOWING GRAND PRIZES WILL BE AWARDED THROUGHOUT THE PROMOTION:
6-PACK OF TICKETS TO A 2014 49ERS HOME GAME: Ten (10) prizes will be awarded, each consisting of a 6-Pack of tickets to a 2014 49ers home game (Pre-selected home game dates: 10/5/14, 11/2/14, 11/23/14, 12/20/14 and 12/28/14). Each winner will receive a parking pass and six (6) tickets in the “12-Pack of Fans” seating area of the Pepsi Fan Deck in Levi’s Stadium. ARV: $900. Odds of winnng depend on the total number of eligible entries received. Game date will be selected by Sponsor in its sole discretion.
KICKOFF KID PRIZE PACK: One (1) Kickoff Kid Prize Pack will be awarded. Winner will receive a four-pack of tickets for winner and three (3) guests (including a child ages 8-14) to a select home game (Pre-selected by Sponsor), and one (1) parking pass, one (1) pass for a child ages 8-14 to step on the field as the kickoff kid. ARV: $700. Odds of winning depend on the total number of eligible entries received. Game date will be selected by Sponsor in its sole discretion.
HONORARY TEAM CAPTAIN EXPERIENCE: One (1) Honorary Team Captain Experience will be awarded. Winner will receive two (2) tickets for winner and guest to a select home game (Pre-selected by Sponsor), one (1) parking pass, and one (1) Honorary Team Captain Experience, where winner leads team on the field. ARV: $650. Odds of winning depend on the total number of eligible entries received. Game date will be selected by Sponsor in its sole discretion.
MEET-AND-GREET WITH ANQUAN BOLDIN: Ten (10) Meet-and-Greet passes with Anquan Boldin will be awarded. Meet and greet with Anquan Boldin will be for winner and two (2) guests. Date, time and location to be determined by Sponsor and based on Anquan Boldin’s availability. ARV: $300. Odds of winning depend on the total number of eligible entries received.
THE FOLLOWING SECONDARY PRIZES WILL BE AWARDED THROUGHOUT THE PROMOTION:
49ERS REPLICA JERSEY: Twenty five (25) 49ers replica jerseys will be awarded. ARV: $150. Odds of winning depend on the total number of eligible entries received.
49ERS AUTOGRAPHED GEAR: Forty (40) 49ers autographed gear prizes will be awarded, each consisting of an item autographed by a current 49ers player or coach. ARV: $200. Odds of winning depend on the total number of eligible entries received. Item and individual providing the autograph will be selected by Sponsor in its sole discretion.
49ERS NEON SIGN: Five (5) 49ers neon sign prizes will be awarded. ARV: $150. Odds of winning depend on the total number of eligible entries received.
All other expenses not specifically mentioned herein such as for transportation to and from events and airports, parking, gratuities, etc. are solely the responsibility of the prize winner and guests. All minor guests must be accompanied by an adult at all times. 49ers event date and times are determined in the sole discretion of the 49ers and may be subject to change. Sponsor and the 49ers 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 49ers events. 49ers tickets may not be resold or offered for resale. Any such resale may result in disqualification and prize forfeiture, and may invalidate the license granted by the game ticket(s). Sponsor reserves the right to assign seating.
10. Winner Notification: Potential winners will be notified within three (3) days of drawings, through direct message on Instagram and email account. The potential prize winner will be required to respond within forty-eight (48) hours or prize will be forfeited and may be awarded to an alternate winner. Sponsor is not responsible for suspended or discontinued wireless/Internet service which may result in a potential winner not receiving initial prize notification. Once potential winner notification is confirmed to Sponsor, the potential prize winner may be sent an Affidavit of Eligibility and Liability/Publicity Release (where permitted by law) to be signed and returned within the number of days indicated on the Affidavit. In the event (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) an email notification is not confirmed to Sponsor within forty-eight (48) hours: (iii) any required documents are not returned within the required number of days; or (iv) if winner is otherwise unable to attend an event when specified or accept the prize as stated, prize will be forfeited and may be awarded to an alternate winner. Allow one (1) week to ten (10) days for delivery of the prize following the notification process. Prize will only be delivered to addresses within California.
11. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Instagram, all participating locations, San Francisco 49ers, the NFL Entities (as defined below), NBCUniversal Media, LLC, Pepsi Beverages Company, PepsiCo, Inc., Pepsi-Cola Company, its bottlers, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. NFL Properties LLC, NFL Ventures, Inc., NFL Ventures, L.P., the NFL, Member Professional Football Clubs and each of their respective shareholders, subsidiaries, representatives, affiliates, officers, directors, agents, and employees (collectively the “NFL Entities”) will have no liability or responsibility of any claim arising in connection with participation in this sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this sweepstakes in any way.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Sweepstakes or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Promotional Entities are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Sweepstakes.
14. Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
15. Winners’ List: For the names of the prize winners, send a self-addressed stamped envelope before March 31, 2015 to: Pepsi #ALLFORNINERS Instagram Sweepstakes Winners’ List c/o John Nguyen & Yesenia Aguilera 360 3rd St, Suite 300. San Francisco, CA 94107.
16. Sponsor: Pepsi Beverages Company, 27717 Aliso Creek Road, Aliso Viejo, CA 92656. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY THE SAN FRANCISCO 49ERS OR INSTAGRAM.
17. Sweepstakes Entity: NBCUniversal Media, LLC, NBC Bay Area, 360 3rd Street, San Francisco, CA 94107
PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc.
NBCUniversal Media, LLC is not a Sponsor of this Sweepstakes and is not involved in the administration of this Sweepstakes in any way. Entrants are providing information to Sponsor and not to NBCUniversal Media, LLC.