Better With Pepsi Gift Card Giveaway Terms & Conditions
NO PURCHASE NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING
1. Contest Period/Sponsors: The "Better With Pepsi Freddy's Gift Card Giveaway" (the "Contest") begins at 12:00:01 AM Eastern Daylight Time ("EDT") on December 1st, 2022 and ends at 11:59:59 PM EDT on December 31st, 2022 (the "Contest Period"). Sponsor: Freddy’s Marketing, LLC. Pepsi is a released party as a part of this contest.
2. Eligibility: The Contest is open to legal residents of the 50 United States or Washington, D.C., ages 13 years of age or older. Employees of Sponsors, parent company and each of their respective parents, subsidiaries, affiliates, as well as their advertising and promotional agencies and anyone involved in the development, administration, fulfillment and execution of the Contest (collectively, "Contest Entities") and the immediate family members (spouse, parent, child, sibling) of each are not eligible to enter or win.
3. How to Enter: Entrants must make a public post on Facebook or Instagram sharing a photo of a Freddy's meal while utilizing both of the hashtags #ilovefreddys and #betterwithpepsi. The owner of the account which made the post will be deemed the entrant ("Entrant"). In the event of a dispute as to any entrant, Sponsor shall be entitled to assume that the person who's name appears on the social media profile is the entrant. Only one entry per individual. Proof of submission of an Entry does not constitute proof of receipt by Sponsor. For the purposes of this Contest - a Day starts at 12:00 A.M. EDT and ends at 11:59 P.M. EDT (each a "Day"). Sponsor's computer is the official time-keeping device for this Contest.
4. Drawing: There will be ten (10) drawings to select the winners from all entries received during the Contest Period (the "Prize Drawings"). To qualify for the Prize Drawing, an Entry must publicly posted on social media prior to the end of the Contest Period. If no entries are received, no prizes will be awarded. The Prize Drawings will be conducted on or about January 4th, 2023. Only one prize may be awarded to any person. Odds of winning are dependent on the number of Entries received during the Contest Period.
5. Prize: Ten (10) winners shall be selected following the conclusion of the Contest Period. The winners shall receive one (1) physical Freddy's gift card in the with the retail value of $100. Sponsor reserves the right to substitute any prize for one of equal or greater value should the prize or delivery method of prize become unavailable.
6. Winner Notification: Sponsors will notify the potential Prize Winners on or about January 4th, 2023 by e-mail. The Potential winners are subject to verification by Sponsors whose decisions are final and binding in all matters relating to this Contest. An entrant is not a winner of any prize regardless of notification unless and until entrant's eligibility is verified. The verified winners may be posted on social media platforms and www.Freddys.com. If an Entry is found to be ineligible for any reason, does not respond to the e-mail notification within the time frame stated or the prize comes back as undeliverable, the potential winners will be disqualified and will forfeit any rights to the prize and a runner up will be selected as the backup winner. E-mail notifications will be sent three (3) times and a potential winner must respond no later than 11:59 PM EDT within five days following the last notification to be verified as the Prize Winner. By entering this Contest, unless prohibited by law, each Entrant grants to the Contest Entities the right to use, display, distribute or publish such Entrant's name, likeness, photograph, voice, address (city and state), biographical information, and any material based thereon or derived therefrom, and his/her Entry or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity without limitation or compensation and without additional notice. Acceptance of a prize constitutes a waiver, by Entrant, Identifiable Persons and Third Party Participants, if any, of any claims to compensation, royalties, or other remuneration for all uses of the Entry by Contest Entities or their respective agents that are permitted or granted hereunder.
7. General Conditions: This Contest is intended for viewing in the United States only and shall only be construed and evaluated according to the United States law. You are not authorized to participate in the Contest if you are not located within the United States. By participating, Entrants (and their parents or legal guardians if Entrants who are minors in the state in which they reside), on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns ("Releasing Parties"), (a) agree to be bound by these Official Rules and the decisions of the Sponsors and the judges, which shall be final in all respects, (b) agree that any dispute arising under this Contest will be governed by, and construed in accordance with, the laws of the State of Kansas, United States of America, without giving effect to any choice of law or conflict of law rules, (c) consent to the jurisdiction and venue of the federal, state, and local courts located in Wichita, Kansas, (d) agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees, (e) agree that 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; and (f) hereby release the Contest Entities, PepsiCo, Inc., Pepsi-Cola Company and its bottlers, and each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from or in connection with participation in this Contest and/or acceptance or use of any awarded prize. Entrants agree to indemnify and hold the Released Parties harmless from and against any claims arising out of a breach by Entrant of any of the representation and warranties contained in these Official Rules. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or documents, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays, inability to upload or download or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by any prize or resulting from the acceptance, possession or use or misuse of such prize, or from participation in the Contest; or (v) any printing, human typographical, administrative or technological errors in any materials associated with the Contest. Sponsors disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserve the right, in their sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention, human error or other error, corrupt the administration or security of the Contest. Sponsors shall not be responsible if the Contest cannot be implemented or if a prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT (AND THEIR PARENTS OR LEGAL GUARDIANS IF ENTRANTS ARE MINORS) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEB SITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.