MOUNTAIN DEW GAME FUEL Choose Your Side OFFICIAL RULES

Transcription

1 MOUNTAIN DEW GAME FUEL Choose Your Side OFFICIAL RULES NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. 1. PROMOTION PERIOD: Mountain Dew Game Fuel Choose Your Side promotion (the Promotion ) will be available on website ( Website ) beginning May 15, 2009 at 3:00:00 p.m. ET and ending August 20, 2009 at 2:59:59 p.m. ET (the Promotion Period ). For purposes of this Promotion a 'day' is 12:00:00 a.m. ET through 11:59:59 p.m. ET, except for the first day of the Promotion Period which shall be defined as 3:00:00 p.m. ET through 11:59:59 p.m. ET and the last day of the Promotion Period which shall be defined as 12:00:00 a.m. ET through 2:59:59 p.m. ET. A 'week' is defined as 12:00:00 a.m. ET Friday through 11:59:59 p.m. ET Thursday except for the first week of the Promotion Period which shall be defined as 3:00:00 p.m. ET Friday, May 15, 2009 through 11:59:59 p.m. ET Thursday, May 21, 2009 and the last week of the Promotion Period which shall be defined as 12:00:00 a.m. ET Friday, August 14, 2009 through 2:59:59 p.m. ET Thursday, August 20, The computer of Sponsor s webmaster is the official timekeeping device of the Promotion. 2. ELIGIBILITY: This Promotion is open only to legal residents of one of the fifty (50) United States or the District of Columbia who are thirteen (13) years of age or older at the time of entry. Officers, directors and employees of PepsiCo, Inc., Pepsi-Cola Company, its bottlers, Blizzard Entertainment, Inc., prize suppliers, administrators and each of their respective parent, subsidiary and affiliated companies, distributors, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Promotion (collectively, the Promotion Parties ) and the immediate family members (parent, child, sibling, and spouse) of, or persons living in the same household as, such individuals (whether related or not) are not eligible to participate in the Promotion. No groups, clubs, newsletters, or organizations can participate in this Promotion on behalf of the group, club, or organization. If a potential prize winner is an eligible minor, the prize may be awarded to his or her parent or legal guardian, who will be required to sign and return all prize acceptance documents and assume all responsibilities of the prize winner.

2 3. REGISTER ON-LINE: Go to the Website ( during the Promotion Period and enter your MountainDew.com username and password to sign-in and Choose Your Side by choosing either the Horde or Alliance to set up your Promotion account ( Account ). You must first be registered on in order to sign-in to the Website. If you are not registered on you will be required to complete the Join Dew registration page. Limit one (1) Account per person/ address. 4. HOW TO EARN TOKENS: Each time an Account holder ( Participant ) participates in one of the Website interactions outlined below ( Interactions ), they will earn a specific amount of points ( Tokens ) for each Interaction which can be used as entries into one of the sweepstakes drawings. Participants may only accumulate Tokens (once per day or per Promotion Period, as applicable) for each Interaction performed, but can interact with Interactions on an unlimited basis. Interactions may contain Token limits on a per day or per Promotion Period basis. The Token limits are noted in the individual Interaction explanation. Not all Interactions will be available for the duration of the Promotion Period. Please see the Interaction Calendar for specific availability dates. Participants should follow the on-screen instructions detailing how to complete each Interaction below: Promotion Initial Sign-In: The first time a Participant signs in to the Website and designates their choice of either the Horde or Alliance faction ( Initial Sign-In ) will earn the Participant 100 Tokens. Limit of 100 Tokens per Promotion Period. Website Sign-In: Each day a Participant returns and signs-in to the Website will earn the Participant 25 Tokens with the exception of the Initial Sign-In. Limit of 25 Tokens per day. 2

3 Tell a Friend A Participant who friends with promotion details, and for each friend that completes the Initial Sign-In after clicking a link from the he/she receives for the Promotion (only applies to new Initial Sign-Ins, does not apply to any friends that may have previously signed-in to the Website), the Participant, will earn 50 Tokens per new friend Initial Sign-In. s can be sent to a maximum of five (5) addresses per day. If multiple Participants refer the same friend, the Participant whose brings the referred friend to the site will receive the 50 Tokens for the referral. Even though there is a maximum of five messages that can be sent in one (1) day, there is no limit on the number of Tokens earned each day through referrals. Product Facts: A Participant who clicks on the Product Facts link on the Website will earn 25 Tokens. Limit of 25 Tokens per Promotion Period. Faction Flags: A Participant can create his/her own Horde or Alliance faction flag on the Website and download and post his/her faction flag on message boards, personal websites, and blogs and earn 25 Tokens per Promotion Period. For each person who clicks on the Participant s faction flag and completes the Initial Sign-In in to the Website, the Participant will earn 50 Tokens. Limit of up to 250 Tokens for person recruited per day. Videos: Watching a video on the Website will earn the Participant 25 Tokens per video per day. Timeline/History/Survival Guide: Reading one of the timelines, background of the Horde and Alliance or the BlizzCon Survival Guide documents on the Website will earn the Participant 25 Tokens per document per Promotion Period. Ad Units: Clicking through and signing-in to the Website via an ad unit will earn the Participant 25 Tokens per ad unit per day. A Participant already logged in will automatically earn Tokens as seen on the Participant s Account History page. Limit of 175 Tokens per day. 3

4 Mountaindew.com Promotion Callouts: Clicking through and signing-in to the Website via the Mountain Dew Game Fuel callout on will earn the Participant 25 Tokens per day. A Participant already logged in will automatically earn Tokens as seen on the Participant s Account History page. Hidden URLs: Clicking through a hidden URL (located either on the Website or the partner site) and logging-in to the Website will earn the Participant 25 Tokens per unique URL per day. A Participant already logged in will automatically earn Tokens as seen on the Participant s Account History page. Social Media: Clicking through and signing-in to the Website via a link on the official Mountain Dew social media pages such as Facebook, MySpace, and Twitter will earn the Participant 25 Tokens per page per day. A Participant already logged into the Website will automatically earn Tokens as seen on the Participant s Account History page. Limit of 75 Tokens per day. DEWsletter Bonus: Clicking through to the Website via a link in the monthly DEWsletter (a total of 3 DEWsletters throughout the Promotion Period) will earn a Participant 25 Tokens per DEWsletter. A Participant already logged into the Website will automatically earn Tokens as seen on the Participant s Account History page. A Participant must have previously opted-in in order to receive s from Mountain Dew. This can be done in the registration process or via If the Participant is already a member he/she should update his/her profile and subscribe to the DEWsletter via Limit of 75 Token per Promotion Period Once the Participant completes a specific Interaction, his/her Account will automatically be credited with the number of Tokens associated with that Interaction. Each Token is good for one (1) entry into one (1) sweepstakes drawing of the Participant s choice (see Rule 5 below for details on selecting and entering a sweepstakes drawing). 4

5 During the Promotion Period, Sponsor, in its sole discretion may include additional Interactions. Information about any additional Interaction may be announced on the Website and may be included in the Interaction Calendar with a description of the Interaction and the Tokens associated with each Interaction. Tokens have no cash value. Tokens expire at the end of the Promotion Period; any unused Tokens remaining in an Account after this time shall be void. A Participant can only accumulate a maximum of 2,000 Tokens in his/her account before being prompted to allocate some of the Tokens into a sweepstakes drawing. Once a Participant s Tokens have dropped below 2,000 Tokens, the Participant may continue to earn more Tokens. If a Participant wins the maximum number of prizes, he/she will no longer be eligible to earn more Tokens during the Promotion Period. The Account History section of the Website will record all transactions within the Participant s Account. When logged into the Account the Participant can check his/her Account History for Token balances and details. Sponsor assumes no liability for discrepancies, omissions, inconsistencies, or errors in the number of Interactions participated in or the number of Tokens acquired as a result thereof as reported on the Website. The decisions of Sponsor with respect to Interaction history, Account balances, Account History and Token transactions are final and binding in all respects. 5. SWEEPSTAKES ENTRY: A. SELECT THE DRAWING YOU WISH TO ENTER: Go to the Redeem Tokens section of the Website, allocate the number of Tokens you want to use and select the drawing you wish to enter. Each drawing will be identified by a particular date and time (for example, drawing of June 6 at 2:16 a.m. ET). Not all drawings will be open for entry at all times. At any given time, only seventy-two (72) hours worth of drawings will be open for entry. Each drawing will close for entry at the exact time stated on the Website. 5

6 B. REDEEM A TOKEN TO ENTER: To enter a selected drawing, the Participant indicates the number of Tokens he/she wishes to use (each Token used is worth one (1) entry into that drawing) and click enter now. Each time he/she enters a drawing, the number of Token(s) used will be automatically deducted from his/her Account. One (1) Token is only good for one entry into one drawing selected by a Participant and not for any preceding or subsequent drawings; except that all non-winning Participants who have entered into any drawings during the Promotion Period will be automatically receive one (1) entry entered into the final drawing as described below. A Participant may allocate as many Tokens into a drawing as he/she wishes, and may enter as many drawings as he/she wishes, provided those Tokens are available in his/her Account at the time of entry. Tokens cannot be refunded (once used for entry), transferred, combined, shared with any other Account, or re-used. 6. SWEEPSTAKES DRAWINGS: One drawing is scheduled to be conducted every fifteen (15) minutes beginning 3:16:00 p.m. ET May 29, 2009 and ending 3:01:00 p.m. ET August 20, One (1) potential winning entry will be randomly selected from among all entries received and processed for each drawing as of the time/date that drawing closes. The random drawings will be conducted by an independent agency (the Judges ) whose decisions in all respects shall be final and binding. If potential prize winner is a minor, prize may be awarded to minor's parent or legal guardian who must sign all prize acceptance documents and assume all responsibilities of prize winner. All potential winners are subject to verification by Sponsor in its sole discretion. No responsibility is assumed by Sponsor for any inability of a potential entrant to successfully enter any drawing due to circumstances outlined in Rule 10 below or otherwise. Sponsor reserves the right to reschedule any drawing in accordance with Rule 11 below. Odds of winning a particular drawing depend on the number of entries received and processed as of the close of the drawing entry period. Limit of one (1) BlizzCon Trip, Alienware Notebook, or Razer Mako Speaker System per person/account and limit of five (5) lower level prizes per person/account during the Promotion Period. In the event that a Participant wins either a BlizzCon Trip, Alienware Notebook, or Razer Mako Speaker System he/she will remain eligible to win up to five (5) of the lower level prizes. 6

7 FINAL SWEEPSTAKES DRAWING: On or about August 21, 2009, Sponsor or the Judges shall conduct a random drawing from among all non-winning eligible Participants who have entered an entry into at least one (1) drawing during the Promotion Period. Odds of winning the final sweepstakes drawing depend upon the total number of non-winning Participants who have entered into any drawings throughout the Promotion Period. 7. PRIZES: Category/Prize Description Quantity Each Day Approximate Retail Value BlizzCon Trip (see trip description below) 1 per week for 1 st 4 weeks $3, Alienware Notebook 1 $1, Razer Mako desktop Speaker System 1 $ Razer Carcharias Audio Headset 7 $89.00 Razer Lycosa Gaming Keyboard 7 $70.00 Razer DeathAdder Gaming Mouse 7 $59.00 Mountain Dew Game Fuel Hoodie 24 $39.99 Mountain Dew Game Fuel Messenger Bags 24 $39.99 Mountain Dew Game Fuel /WOW T-Shirt 25* $17.99 * The number of Mountain Dew Game Fuel /WOW T-Shirts available to be won each day is as indicated above, except for once a week for the first four (4) weeks of the drawings. On each of those days, one (1) BlizzCon Trip prize will be awarded in lieu of a T-Shirt Prize and the quantity of T-Shirt Prizes will be reduced to 24 for that day. BlizzCon Trip: One (1) BlizzCon Trip will be awarded once per week during drawing s conducted for the first four-weeks beginning May 29, 2009 (drawings will be held on May 29, June 5, June 12 and June 19). The Trip consists of a trip for two (2) people to the Blizzard Gaming Convention in Anaheim, CA from August 20, 2009 through August 22, BlizzCon Trip includes: two (2) tickets to the Blizzard Gaming Convention (admission for two (2) both days), round-trip coach air transportation for two (2) from an airport near winner's home within the U.S. (airport, carrier and itinerary selected by Sponsor), one (1) double occupancy 7

8 standard hotel room for three (3) nights and $300 spending money. Approximate retail value up to $3,000, depending upon winner's point of travel origin. All other expenses not specifically mentioned herein are solely the responsibility of the prize winner and their guest. All travel must be taken on dates specified; no alternative travel dates are available. In the event the prize winner cannot travel on the dates specified, the prize will be forfeited and an alternate winner selected at Sponsor s sole discretion. All travel subject to availability and restrictions. Winner and travel guest must travel on same itinerary. If travel guest is a minor (under age of 18), minor must be accompanied on trip by minor's parent or legal guardian who must be the winner. Travel guest will also be required to sign and return a travel release before any travel occurs. Sponsor is not responsible for any cancelled, delayed or rescheduled events. Prizes pictured on the Website are for promotional purposes ONLY and may not be the actual prize awarded. FINAL SWEEPSTAKES DRAWING PRIZE: The Final Prize will consist of one (1) Mountain Dew Game Fuel /WOW Prize Pack. The prize pack will consist of one (1) Mountain Dew Game Fuel Hoodie, one (1) Mountain Dew Game Fuel Messenger Bag and one (1) Mountain Dew Game Fuel /WOW T-Shirt (approximate retail value of the prize pack is $97.97) TOTAL PRIZE VALUE: The total value of all prizes available to be won during the Promotion Period is approximately $538, PRIZE SWEEPSTAKES WINNER NOTIFICATION: Each potential Sweepstakes winner will receive a potential winner notification sent within 72 hours following the drawing to the address provided at the time of registration. The potential winner notification will include a link to his/her Account History page. The potential winner s Account History page will contain a message that he/she is a winner. Only those Promotion registrants who have received a potential prize winner notification in their Account History are potentially eligible to win a prize. Prize will be awarded to the Account holder who registered for the Promotion. All winners are subject to verification at the sole discretion of Sponsor and its authorized agents. Receiving an notification does not 8

9 guarantee a participant is a winner until verification. Potential prize winners may be notified by mail and/or phone (at Sponsor s sole discretion) at the postal address/phone number provided at the time of registration on Potential prize winners may be required to sign and return an Affidavit of Eligibility and Liability Release ( Affidavit") within ten (10) days of the initial attempted prize winner notification (as indicated by the date referenced in the Affidavit) sent to the postal address associated with the Account. Failure to return the Affidavit within the ten (10) days, as stated in the Affidavit, may result in Prize forfeiture, and an alternate winner may be selected. Any mail (whether USPS or ) returned as undeliverable without a forwarding address may result in prize forfeiture and an alternate winner may be selected at Sponsor s sole discretion. The Participant is responsible for keeping his/her postal address updated on the Website. Allow 8 to 10 weeks for shipment of a prize by mail following notification process. Prizes will only be delivered to addresses within the United States. No responsibility is assumed by Sponsor for any prize after it has been shipped. 9. GENERAL CONDITIONS: No substitution of prizes is offered, no transfer of prizes to a third party is permitted and non-cash prizes are not redeemable for cash value, except as determined by Sponsor in its sole discretion. Sponsor reserves the right to award a prize of equal or greater value in the event the published prizes become unavailable. Any difference between the stated value of a prize and the actual value of prize will not be awarded. All federal, state and local laws and regulations apply. Prize recipients are responsible for all applicable federal, state, and local taxes on a prize; if applicable, winner may receive an IRS Form 1099 for the retail value of the prize. Upon forfeiture for any reason stated in these Official Rules, no compensation will be given except at the sole discretion of sponsor. A Participant is not eligible to receive a prize until his/her entry has been selected as a potential winner in a sweepstakes, his/her Token(s) has been verified in accordance with these Official Rules, and he/she has fully complied with these Official Rules. 10. LIMITATIONS OF LIABILITY: No responsibility or liability is assumed by the Sponsor or by any of the Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Website (or by any means of registering for, or participating in an Interaction or entry into a sweepstakes or participating in any part of the Promotion): hardware or software errors; faulty 9

10 computer, telephone, cable, satellite, network, electronic, wireless or internet connectivity or other online or mobile phone communication problems; errors or limitations of any internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any or text messaging transmissions to be sent or received; lost, late, delayed or intercepted or text messaging transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the internet or Website; unauthorized human or nonhuman intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Promotion. Neither Sponsor nor any of the Promotion Parties are responsible for any typographical errors, any indication of the number of used and available Tokens in an Account, any display or announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website, including without limitation, the number of entries entered in any particular drawing, or any personal injury or property damage or losses of any kind which may be sustained to Participant s or any other person's computer equipment or mobile phone equipment resulting from online participation in the Promotion, or use of or download of any information from the Website or the use of or download of any video downloads. Use of the Website is at each user s own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Under no circumstances will Sponsor or any of the Promotion Parties be liable for punitive exemplary, special, indirect, incidental, consequential, or any other damages. 11. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion that the Promotion is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to cancel, terminate, suspend, postpone, delay or modify the Promotion in whole or in part, including but not limited to, any occurrences described in Rule 10 above, or any other causes which may corrupt or impair the 10

11 integrity, security, fairness or proper conduct of the Promotion. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, 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. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment, and neither Sponsor nor its administrators nor any of the Promotion Parties shall have any further liability to any Participant in connection with the Promotion. 12. CONDUCT: By participating in this Promotion, each Participant in the Promotion hereby agrees to be bound by each of these Official Rules and the decisions of the Sponsor which shall be final and binding and 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 from participating in any aspect of Promotion, and/or to cancel, suspend or block any Account registered by such person if Sponsor or the Promotion Parties deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Rules or the terms and conditions of the Website; or (b) damaging, tampering with or corrupting the operation of the Promotion; or (c) acting with intent to annoy, harass or abuse any other person; or (d) using of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website through online, text messaging or phone-in means; or (e) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (f) any activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Promotion. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS ADMINISTRATORS HEREBY RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. 11

12 This Promotion is governed by the laws of the United States and the State of New York, without respect to conflict of law doctrines. As a condition of participating in this Promotion, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (e.g. costs associated with entering), and participants further waive all rights to have damages multiplied or increased. 13. RELEASES: All Participants, as a condition of participation in this Promotion, agree to 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: (a) accessing the Website, (b) submitting an entry, participating in an Interaction, earning or using Tokens or otherwise participating in any aspect of the Promotion, (c) the receipt, ownership or use of any prize awarded, (d) any download, or (e) while preparing for, participating in or traveling to or from any prize-related activity or (f) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes 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. Each prize winner bears all risk of loss or damage to his/her respective prize after it has been delivered. Except for residents of TN and where prohibited by law, each prize winner hereby grants to Sponsor and the Promotion Parties the right to print, publish, broadcast and use worldwide in any media whether now known or hereinafter devised (including without limitation the use online at the Website or at any other websites owned, controlled and/or operated by Sponsor) such prize winner s name, address, voice, statement, picture or other likeness, without additional compensation, for any and all public relations, advertising and promotional purposes as may be determined by Sponsor. 14. ACCOUNT HOLDER IDENTITY: The name of the person submitting the entry must be the name of the person who registered on the Website with such address, and the 12

13 authorized account holder of such address, otherwise, entry may be deemed void. In the event of dispute over the identity of the holder of the Account, the dispute will be resolved in favor of the individual who is the authorized account holder of the address submitted at the time of registration and, in the event of a potential winner, may be required to provide identification sufficient to show that he/she is the authorized account holder of such address. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her or postal address during the Promotion Period. To do so, go to the "Join Dew page on click "Manage Profile, and follow the instructions on how to update a profile. 15. WINNER S LIST: For a list of the Sweepstakes prize winners for prizes valued at over $25, send your name and complete address postmarked by August 20, 2009 to: Choose Your Side Pepsi/World Of Warcraft Promotion, PO Box , El Paso, TX No self-addressed, stamped envelope ( SASE ) is required. 16. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York