LIFEWTR™ Bring Art Back to
Schools Contest
OFFICIAL RULES
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCE OF
WINNING. MESSAGE AND DATA RATES MAY APPLY.
VOID WHERE PROHIBITED.
THIS CONTEST IS IN NO WAY
SPONSORED, ENDORSED OR ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM.
1.
CONTEST PERIOD: Contest begins at 12:00:01
p.m. (noon) Eastern Time (ET) on March 7, 2019 and ends at 11:59:59 a.m. ET on April
8, 2019 (“Contest Period”).
2. HOW
TO ENTER – TWO WAYS: Take a digital photo showing a space in your
local public high school (the “Nominated School”) that you would like to come
to life with art from local artists in your community. A Nominated School must
be a public accredited school in compliance with the laws and regulations of
its state, which has any grades 9 through 12, and which is currently operating
within the (48) contiguous United States or District of Columbia. Sponsor, in
its sole discretion, reserves the right to evaluate
and determine if criteria has been met for each Nominated School. After
creating your photo, upload or post your photo during the Contest Period in any
of the following two ways to enter the Contest:
A) VIA
INSTAGRAM: During the Contest Period, post the photo through your own public Instagram
account with the hashtags #BringArtBacktoSchoolsContest and @LIFEWTR, along with the name and city of the Nominated School where
the photo was taken in the caption before sharing (the
“Submission”).
To enter the Contest via Instagram, you
must be a registered member of Instagram with a public profile. Becoming a
member of Instagram and entry into the Contest are free. If you are not a
registered account holder of Instagram, please visit Instagram.com to
register for an account. Registration for and use of Instagram are subject to
Instagram’s respective terms and conditions and Sponsor has no responsibility
with respect to such registration or use or enforcement of such terms and
conditions. If you enter using a mobile
device on a wireless service provider’s network (as opposed to a Wi-Fi
network), your carrier’s text and data rates will apply. You should consult
your wireless service provider’s pricing plan for details. You agree to incur
any and all charges demanded by your wireless carrier.
B) VIA DIRECT PHOTO UPLOAD - ONLINE ENTRY: Visit http://www.BringArtBacktoSchools.com during the Contest Period
and follow the online
instructions to upload your selected photo on the Contest site, and complete the online registration form with all required
information, including the name and city of the Nominated School where the
photo was taken. After having read and agreed to these Official Rules, click
the submit button to complete your Submission. Maximum photo file size may not exceed
5MB.
Limit one (1)
entry per person/household per day, regardless of entry method. A “day” is defined as a twenty-four (24) hour time period beginning at
12:00:00 a.m. ET and ending at the following 11:59:59 p.m. ET except the first
day of the Contest Period which will be defined as beginning 12:00:01 p.m.
(noon) ET and ending 11:59:59 p.m. ET of the same day and the last day of the Contest
Period which will be defined as beginning 12:00:00 a.m. ET and ending 11:59:59
a.m. ET.
The
person registering for the Contest and uploading the Submission will be deemed
the Entrant (“Entrant”). Entrant may
upload a photo using their own tools provided that the file size should be kept
at or under five (5MB) 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. 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. Use
of the hashtag #TBD #Contest constitutes your unconditional acceptance to these
Official Rules.
Proof
of delivery of a Submission does not constitute
proof of receipt of an entry into the Contest.
All Submissions become the property of Sponsor and will not be returned. All
Submissions must be received by 11:59:59 a.m. ET on 4/8/2019 to be eligible for
Contest.
Submission Requirements:
·
Submission
must be primarily in English.
·
All Submissions must be received within the Contest Period to be
eligible for the drawing.
·
Submission via Instagram must remain on your Instagram account
throughout the Contest Period. If you delete your Submission during the Contest
Period, you may lose your entry.
·
A single Submission cannot be used more than one (1) time
throughout the Contest Period.
·
Submission
may not use any name, likeness, photograph, or any other identifying element,
in whole or in part, of any person, living or dead, without permission;
·
Each
Submission may not have won a previous promotion or an award; it must not
infringe any third party’s intellectual property or other rights; it must be
suitable for display and publication (i.e., may not be obscene or indecent,
including but not limited to nudity or profanity); it must not contain obscene
or pornographic material; it must not contain defamatory statements (including
but not limited to words or symbols that are widely considered offensive to
individuals of a certain race, ethnicity, religion, sexual orientation or
socioeconomic group); it must not include threats to any person, place,
business, group or world peace; it must not invade privacy or other rights of
any person, firm or entity, and it must not in any other way violate applicable
laws and regulations or standards.
·
Each
Submission must not feature or reference any commercial products and/or company
trademarks, logos, brands or endorsements (including third party logos on
street scenes, panoramic views, vehicle license plates, clothing such as
t-shirts, hats, etc.) except that Submissions may contain Sponsor or Promotion
Party-owned logos.
·
Each
Submission must not contain any copyrighted works.
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. Submissions that do not comply with
these Official Rules or that otherwise contain prohibited or inappropriate
content as determined by the Sponsor, in its sole discretion, will be
disqualified. Sponsor makes the final determination as to which entries are
eligible to take part in this Contest.
The
name of the person submitting a Social Media Entry into the Contest must be the
name of the authorized account holder of the social media account used to
enter, otherwise, the Submission may be deemed void. In the event of a dispute
over the identity of a potential winner, entries will be declared made by the
authorized account holder of the social media account used for the Submission,
and the potential winner may be required to provide identification sufficient
to show that he/she is the authorized account holder.
In the event of dispute over the
identity of a potential winner, an online entry will be declared made by the
authorized account holder of such email address submitted at the time of entry,
and potential winner may be required to provide identification sufficient to
show that he/she is the authorized account holder of such email address or wireless
phone number. It is solely the
responsibility of the entrant to notify the Sponsor in writing if the entrant
changes his or her e-mail, phone number or postal address during the Contest
Period. Proof of
emailing does not constitute proof of delivery or entry. All entries become the property of Sponsor
and will not be acknowledged or returned.
Each entry submission must be manually key stroked and 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 Contest service) will be disqualified and transmissions from these or
related email/IP addresses or wireless phone number may be blocked.
3.
ELIGIBILITY: The Contest is open only to
individuals who are legal residents of the (48) contiguous United States and
District of Columbia (D.C.), who
are fourteen (14) years of age or older at the time of entry. Employees, contractors, directors, and
officers of PepsiCo, Inc., Pepsi-Cola Company and its
bottlers (“Sponsor”), Million Dollar Media, LLC (“Administrator”), and each of
their respective parents, subsidiaries and affiliated companies, distributors,
Web design, advertising, fulfillment, judging and promotion agencies involved
in the administration, development, fulfillment and execution of this Contest
(collectively “Sponsor and Promotion Parties”), and the immediate family
members (spouse, parent, child, sibling, grandparent, and/or “step” of each) and
those living in the same households as such employees are not eligible to
participate.
IT IS THE SOLE RESPONSIBILITY OF EACH
ENTRANT TO CHECK IN ADVANCE WITH AN APPROPRIATE REPRESENTATIVE AT THEIR
NOMINATED SCHOOL TO DETERMINE WHETHER OR NOT THE NOMINATED SCHOOL WOULD INTEND
TO ACCEPT THE PRIZE IN THE EVENT OF A WINNING SUBMISSION.
4.
PRIZES: GRAND
PRIZE: One (1) Grand Prize will be awarded, consisting of the following:
a.
The
Entrant designated as the grand prize winner (the “Winner”) will be awarded $500.
Total maximum value of prize is $500. Awarded
as a gift card.
b.
The
Winner’s Nominated School will be awarded one (1) visit by local emerging
artists (up to 4 and as designated solely by Sponsor) at a time as determined
by Sponsor to create a mural or artistic rendering (the “Mural”) at the
Nominated School. Approximate Retail Value (“ARV”): $6,000. Actual value of
prize may be lower, based upon the available and allocated space and materials
required to create the Mural. If actual prize value is less than $6,000, the
Nominated School or Entrant designated as the Grand Prize Winner shall NOT be
awarded the difference between the actual prize value and the maximum value of
$6,000. All elements of the Mural, including but not limited to materials,
colors, size, location and design will be as solely determined and designated
by Sponsor. Mural will be delivered as is, and Sponsor is not responsible for
the removal or alteration of Mural for any reason. Nominated School must accept prize within time
period as designated by Sponsor during the prize acceptance process or risk
forfeiture of Mural prize.
5. JUDGING: An independent panel of judges (the “Judges”) as solely
determined and appointed by Sponsor shall review, select and designate the
winning Submission from among all eligible entries received, The Judges
in their sole and absolute discretion, will review entries based on the
following Judging Criteria: (51%) Relevance to Promotion Theme, and (49%)
Originality. Entries submitted during
the Contest Period are only eligible for this Contest and do not remain
eligible for any subsequent Contest.
6. WINNER
NOTIFICATION: Administrator
will direct message potential winners who entered via an Instagram Entry or Administrator
will call or email potential winners who entered via an Online Entry. Potential
winners will be required to respond to a message, phone call or email message
within seventy-two (72) hours in order for the independent judging agency to
capture winner’s name and address or prize will be forfeited and awarded to an
alternate winner, time permitting. Sponsor
and Promotion Parties are not responsible for suspended or discontinued
wireless service, which may result in a potential winner not receiving initial
prize notification. Sponsor and
Promotion Parties are not responsible for any change in entrant's mailing
address, email, and/or telephone number.
Once potential winner confirmation is received by Administrator, the
potential prize winner may be sent an Affidavit of Eligibility and
Liability/Publicity Release to be signed and returned within the number of days
indicated on the Affidavit. If attempted
notification is returned as undeliverable, if any required documents are not
returned within the required number of days, if winner cannot be verified, or
if winner is otherwise unable to accept the prize as stated, prize will be
forfeited and may be awarded to an alternate winner. Winner $500 gift card Grand Prize and Mural
Grand Prize at winning school location will be fulfilled no later than
September 1, 2019. Prizes will only be delivered to addresses within (48)
contiguous United States and D.C.
Sponsor
and Promotion Parties are
not responsible for inability of any Winner and/or Winner’s Nominated School to
accept a prize in accordance with these full Official Rules. If a Winner or
their Nominated School is unable to accept his/her/its prize or is deemed
ineligible to receive the prize, all prizes will be forfeited and awarded to an
alternate winner, and the selected Entrant and their Nominated school will not
receive a prize.
7.
LIMITATIONS OF LIABILITY: 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 Contest; (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 Contest; (d) inaccessibility or unavailability
of any network or wireless service, the Internet or website or any combination
thereof; (e) suspended or discontinued Internet, wireless or land line phone
service; or (f) any injury or damage to
participants or to any other person's computer or mobile device which may be
related to or resulting from any attempt to participate in the Contest or
download of any materials in the Contest.
If, for any reason, the Contest 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 Contest, then Sponsor reserves the right at
its sole discretion to cancel, terminate, modify or suspend the Contest in
whole or in part. In such
event, Sponsor shall immediately suspend all drawings and prize awards, and
Sponsor reserves the right to award any remaining prizes (up to the total set
forth in these Official Rules) in a manner deemed fair and equitable by
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 Sponsor shall not have any further liability to any
participant in connection with the Contest. Sponsor may modify and amend these
Official Rules as they may appear online from time to time during the Promotion
for clarification purposes without materially affecting the terms and
conditions of the Contest.
8. WINNERS RELEASES: By participating in the Contest,
entrants release Sponsor and Promotion Parties 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 a play or otherwise participating in any aspect of the Contest, the
receipt, ownership or use of any prize awarded, or while preparing for,
participating in or traveling to or from any prize-related activity 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. Sponsor and Promotion Parties
make no representations or warranties of any kind concerning the appearance,
safety or performance of any prize; except for any express manufacturer’s
warranty as may be included with the prize.
Except for where prohibited by law, winner grants to Sponsor the right
to print, publish, broadcast and use worldwide in any media now known or
hereinafter known, the winner name, address, voice, statement, picture or other
likeness, and the name of the Winner’s Nominated School, without additional
compensation, for public relations, advertising and promotional purposes as may
be determined by Sponsor.
9. GENERAL CONDITIONS: This Contest is governed by
the laws of the United States and of the State of New York without respect to
conflict of law doctrines. Prize winner
is solely responsible for any and all taxes and related expenses on the prize,
and may receive an IRS Form 1099 for the ARV of the prize. Unclaimed prize(s) will not be awarded. Sponsor reserves the right to substitute a prize
of equal or greater value in the event a prize or any portion of a prize
becomes unavailable. No substitution of prize is offered, no transfer of prize to a third party
is permitted, and non-cash prizes may not be redeemed for cash value except at
Sponsor’s sole discretion. All other
expenses on the receipt and use of the prize not specifically mentioned herein
are solely the responsibility of the winner. Any difference between the stated
value of any prize and the actual retail value will not be awarded. Any portion of a prize not accepted by winner
will be forfeited. Upon forfeiture for
any reason as stated in these Official Rules, no compensation will be
given. All federal, state and local laws
& regulations apply. Any personal
information provided in connection with participation in the Contest will only
be used by Sponsor to notify a potential winner and/or fulfillment of a prize
and shall be subject to the Pepsi-Cola Company’s Privacy Policy available at http://policy.pepsi.com/privacy.htm.
10. CONDUCT: By participating in this Contest,
participants 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. Sponsor
reserves the right, at its sole discretion, to disqualify any individual found
to be tampering with the play process or the operation of the Contest; or to be
acting in any manner deemed by Sponsor to be in violation of the Official
Rules; or to be acting in any manner deemed by 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 PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED
WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,
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.
11. WINNERS’ LIST: For the names of the prize winners, send a
self-addressed, stamped envelope postmarked by 4/8/2019 to: Bring Art Back to
Schools Contest, P.O Box 278,
Woodbridge, NJ 07095
12. SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue,
White Plains, New York 10604.
THIS
PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, INSTAGRAM.
© 2019 LIFEWTR
is a trademark.