Dew® NBA 3X COURTSIDE COLLECTION PROMOTION

TERMS & CONDITIONS

Promotion Period: The Dew® NBA 3X Courtside Collection promotion (the “Promotion”) starts May 13, 2016 at 9:00 a.m. ET and ends October 23, 2016 at 11:59 p.m. ET (the "Promotion Period"). The computer clock of Instagram is the official timekeeping device of the Promotion.

How it Works: The Courtside Collection is a competition in which a local artist in each of the markets listed below (“Curators”) will select up to 150 pieces of artwork submitted by consumers through Instagram using the hashtag #CourtsideCollection and #Promotion (each piece of artwork, a “Submission”). If you are not a registered account holder of an Instagram account, please visit http://www.Instagram.com to register for an account. Registration for and use of Instagram is subject to Instagram’s terms and conditions and Pepsi-Cola Company (“Organizer”) has no responsibility with respect to such registration or use or enforcement of such terms and conditions. For purposes of this document, “NBA Entities” means the National Basketball Association (the “NBA”), the NBA Member Teams, NBA Media Ventures, LLC, NBA TV, LLC, NBA Properties, Inc. and each of their respective affiliates and related companies (collectively, the “NBA Entities”).

Submissions that have been chosen by each Curator will be exhibited at the Mtn Dew on-site activation booth during the Dew NBA 3x tournaments within the markets and on the dates as follows (each, an “Event”):

– Atlanta, GA: May 21 – 22, 2016
– Miami, FL: June 25 – 26, 2016
– Dallas, TX: July 30 – 31, 2016
– Chicago, IL: August 13 – 14, 2016
– Houston, TX: September 17 – 18, 2016
– Los Angeles, CA: October 22 – 23, 2016

Visitors to the Courtside Collection exhibit will have the chance to vote on their favorite Submission. The Submission that receives the highest number of votes in each market and the respective Artist will be profiled on mountaindew.com/nba.

To participate in the Promotion you must:
– Post your original Submission on Instagram and use #CourtsideCollection and #Promotion during the Promotion Period.
– By submitting a Submission for the Promotion, the person submitting such Submission (the “Participant”) hereby acknowledges and agrees that Participant hereby grants to Organizer and NBA Entities the unconditional and irrevocable right to copy, reproduce, display use, and publish such Submission either alone or accompanied by other materials, in any manner and in any media (including, television, internet and on various social media platforms) in whole or in part, in edited, modified or altered format, at any time hereafter for any purpose whatsoever, including without limitation, for advertising, trade and marketing purposes all without prior examination or approval by the Participant submitting, including any written copy that may be created in connection therewith. The grant of rights includes, but is not limited to;
– Organizer shall be permitted to exhibit all received Submissions during the Courtside Collection display in all markets and to display and/or publish the Submissions on http://www.mountaindew.com/nba (the “Website”) citing credits.
– Organizer and the NBA Entities shall be permitted to use all Submissions during any future Courtside Collection events worldwide and in any medium known or hereafter known.
– Organizer and the NBA Entities shall also be permitted to post all received Submissions on any official Mountain Dew and NBA Entities’ social media and/or other online channels or platforms.
– That Participant hereby grants to Organizer and the NBA Entities the unconditional and irrevocable right to copy, reproduce, display use, and publish such Submission either alone or accompanied by other materials, in any manner and in any media (including, television, internet and on various social media platforms) in whole or in part, in edited, modified or altered format, at any time hereafter for any purpose whatsoever, including without limitation, for advertising, trade and marketing purposes all without prior examination or approval by the Participant submitting, including any written copy that may be created in connection therewith.
– Participants understand that they do not have any right to compensation to or compensation in connection with the above granted rights. Participant hereby releases and discharges Organizer and the NBA Entities from any and all claims and liability related to said Submission as agreed to in these Terms & Conditions, including, without limitation, any claims based on libel, the right of publicity, the right of privacy or the commercial appropriation or use of name or likeness.

Submission Requirements:
– Submission must remain on your Instagram account throughout the Promotion Period. If you delete your Submission during the Promotion Period, you may lose your eligibility to be chosen by one of the Curators.
– Each Submission must be your original work; it must not infringe any third party’s intellectual property or other rights; it must be suitable for display (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.
– Each Submission must not feature or reference any commercial products and/or company trademarks, logos, brands or endorsements except that Submission may contain Mtn Dew logos.
– Each Submission must not feature or infringe any third-party intellectual property rights or other rights, including intellectual property of the NBA Entities.
– Each Submission must not contain any copyrighted works.
– All Submissions will be reviewed for content as described above; however, such review does not relieve Participant from responsibility for compliance with these Terms and Conditions. Submissions that do not comply with these Terms and Conditions or that otherwise contain prohibited or inappropriate content as determined by the Organizer, in their sole discretion, will be disqualified and will not be considered for inclusion. Organizer makes the final determination as to which Submission are eligible to take part in this Promotion. The Curators make the determination as to which submissions are eligible to take part in the Courtside Collection for each market.

In the event that a Participant Submission is selected for inclusion by one of the Curators:
– The selected Participants (“Artists”) will receive a comment below their Submission with a message that they have been selected. The Artist will be asked to follow the @CourtsideCollection Instagram account and to resend the Submission via a direct Instagram message to the Organizer.
– Organizer shall have the right to print all Submissions during the Courtside Collection display in all markets for consumer distribution.
– Artists understand that they do not have any right to compensation to or compensation in connection with the above granted rights.
– Artist hereby releases and discharges Organizer and NBA Entites from any and all claims and liability related to said Submission as agreed to in these Terms & Conditions, including, without limitation, any claims based on libel, the right of publicity, the right of privacy or the commercial appropriation or use of name or likeness.
– Artists agree that Organizer and the NBA Entities shall be permitted to modify and/or re-size the submitted artwork, including as necessary to print such artwork
– Artists hereby acknowledge and agree (i) that the Submission may be displayed on site at the Events, (ii) that Organizer, the NBA Entities and/or their designees may, in their sole discretion, televise, videotape, take photographs, write about or otherwise record the Event, including your Submission as displayed at the Events (collectively, the “Event Footage”) and (iii) that Organizer, the NBA Entities and any of their designees shall have the worldwide right in perpetuity to use and exploit all or any part of the Event Footage (including your submission as depicted in the Event Footage), in any format or version, by any means and in any media, whether or not used therein, whether now known or hereafter developed, without compensation to you.
– The Artist will be asked to provide a personal email address for further communication. You may receive up to three (3) e-mails or text messages. Standard text/data rates apply.

Use of the #CourtsideCollection and #Promotion constitutes your unconditional acceptance of these Terms and Conditions. Limit one (1) submission per person/Instagram ID per day during the Promotion Period. A day shall be defined as 12:00 a.m. ET to 11:59 p.m. ET, except for the first day which shall begin at 9:00 a.m. ET and end at 11:59 p.m. ET. All Submission become the property of Organizer and will not be returned to entrant.

From time to time, Organizer may, in its sole and absolute discretion, choose to feature certain Submissions on the Website, on any other Organizer social media website, and/or in advertising materials. Being featured on the Website, on any other Organizer social media website, and/or in advertising materials in no way impacts the likelihood of Participant becoming a featured Artist.

Eligibility: Promotion open to legal residents of the United States residing in one of the fifty (50) United States or the District of Columbia who are 18 years of age (19 in AL or NE) or older at the time of participation. Employees of Pepsi-Cola Advertising and Marketing, Inc., the NBA Entities 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 (parent, child, sibling, spouse) and persons living in the same household as such employees (whether related or not) are not eligible to participate.

General: Promotion is subject to the laws of the United States only. Normal Internet access and usage charges imposed by your Internet service provider will apply. Standard text messaging rates apply if you opt-in to receive messages via a mobile device. The Participant is the one (1) person who is the authorized account holder of the Instagram account used to participate in the Promotion. Should multiple users of the same Instagram account participate in the Promotion and a dispute thereafter arise regarding the identity of the Participant, the authorized account holder of said account at the time of entry will be considered the Participant. “Authorized account holder” is defined as the natural person who is assigned the primary e-mail address used to register for the Instagram account by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. These Terms and Conditions are accessible from the Website throughout the Promotion Period. Any information collected shall be in accordance with the Pepsi-Cola Company’s Privacy policy available at http://www.pepsi.com/privacypolicy.php.

Conduct: By participating in this Promotion, Participants agree to be bound by these Terms and Conditions and the decisions of the Organizer that shall be final and binding in all respects. Failure to comply with these Terms and Conditions may result in disqualification. Organizer reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Promotion or the Website; or to be acting in any manner deemed by Organizer to be in violation of the Terms and Conditions; or to be acting in any manner deemed by Organizer to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ORGANIZER RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitations of Liability: Neither Organizer nor any of NBA Entities assumes any responsibility or liability for (a) any incorrect or inaccurate registration or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (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, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet, Instagram or the Website or any combination thereof, or; (e) any injury or damage to Participant’s or to any other person's computer, phone or electronic device which may be related to or resulting from any attempt to participate in the Promotion or download any materials in the Promotion. If, for any reason, the Promotion is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, 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 Promotion, then Organizer reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part.

Organizer: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.

This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Any questions, comments or complaints regarding this Promotion shall be directed to Organizer and not to Instagram.

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