Re: PENDING ++ Pepsi The DEW Marks The Spot Sweepstakes
8. ELIMINATION: Any false information provided within the context of the Sweepstakes by any participant or any other non-compliance with these Official Rules or the like may result in the immediate elimination of the participant from the Sweepstakes. Any participants suspected of or found by Sponsor to be compromising the entry process in any way, including but not limited to the use of automatic, programmed, script, bot, third-party or otherwise fraudulent entry method, in Sponsor’s sole discretion, will be disqualified.
Sponsor reserves the right to disqualify any person found or suspected of tampering with the operation of this Sweepstakes, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
9. INTERNET: Sweepstakes Entities and their respective employees, officers, directors, representatives, agents, and their respective parent companies, affiliates, subsidiaries, and advertising, promotion and legal advisors are not responsible for and shall not be liable for late, lost, delayed, damaged, misdirected or incomplete entries, notifications, mail or other communications; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties; or other errors in transmission. If a participant uses a mobile device to enter the Sweepstakes, standard data charges may apply from the carrier. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor may, in its sole discretion, cancel, terminate, modify and/or suspend the Sweepstakes. In the event the Sweepstakes is canceled, terminated, modified and/or suspended, Sponsor will select the winners from among all eligible, non-suspect Entries received as of the date/time such action was taken.
10. PRIVACY POLICY: Any personally identifiable information collected during participation in this Sweepstakes will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and in accordance with the Privacy Policy as stated at
https://www.inmar.com/privacy-policy/.
11. PUBLICITY RIGHTS: By participating in the Sweepstakes, you grant to Sponsor and its designees the right, without obligation, to use your name, likeness, city and state of residence, without compensation, on a
winners list and for advertising and publicity purposes in any manner or medium, including but not limited to internet, social media, print and others, throughout the world, in perpetuity, unless prohibited by law.
12. LIMITATION OF LIABILITY: TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Sponsor assumes no responsibility for undeliverable Entries resulting from any cause. By participating in this Sweepstakes, participants agree to release and hold harmless Sweepstakes Entities, their respective affiliates and the respective directors, officers, employees and agents of each of the foregoing (collectively, the “Releasees”) from and against any and all liability for any injuries, losses or damages of any kind to persons, including death, or property arising in whole or in part, directly or indirectly, from acceptance, use or misuse of a prize (if applicable), participation in the Sweepstakes, or inability to participate in Sweepstakes or in any Sweepstakes-related activity. Releasees are not responsible for printing errors or for lost, late, unintelligible, misdirected, incomplete, damaged or garbled Entries. Releasees are not responsible for any: (a) telephone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or human or other errors; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to enter the Sweepstakes, or other disruption related to Internet traffic, virus, bug, or non-authorized intervention; (c) damage caused by computer virus or otherwise resulting to any computer concerning Entrant’s Entry whether human, mechanical or electronic; or (d) incorrect or inaccurate information whether caused by users or by any of the programming or equipment associated with or used in the Sweepstakes. Releasees shall not be liable to any prize winner or any other person for failure to supply a prize, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; terrorist acts; earthquake; fire; flood; war; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor’s sole control.
