Thrivesweepstake

THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION.

THRIVE WITH YOUR COLORFUL STYLE SWEEPSTAKES (“SWEEPSTAKES”)
OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY. INTERNET ACCESS REQUIRED AND DATA RATES MAY APPLY IF ENTERING VIA A MOBILE DEVICE.

1. SWEEPSTAKES PERIOD: The Sweepstakes begins on August 15, 2024 at the time of Sponsor’s Sweepstakes Post (defined in Section 2) and ends on August 29, 2024 at 11:59:59 p.m. ET (“Sweepstakes Period”). The time clock of the Sweepstakes Administrator’s (defined below) computer is the official timekeeping device for this Sweepstakes.

2. HOW TO ENTER:

During the Sweepstakes Period, look for posts from the Sponsor about the Sweepstakes on Instagram.com/lifewtr (“Sweepstakes Post”). Next, use your personal Instagram account (on your mobile device or a desktop/laptop computer) to (a) “Like” the Sweepstakes Post; (b) comment on the Sweepstakes Post with the hashtags #thrivewithLIFEWTR and #sweepstakes (“Hashtags”); and (c) tag a friend who is eighteen (18) years or older and a legal resident of the 50 U.S. or D.C. with whom you have a personal relationship and who has consented to being @mentioned
(altogether, the “Entry”).

You must include both Hashtags for your Entry to be eligible. By using the Hashtags, you are consenting to receive direct messages to your Instagram account used for entry, if you are selected as the potential winner.

Entrant must be a registered user of Instagram and follow @lifewtr on Instagram for the duration of the Sweepstakes. To create a free Instagram account, follow the onscreen instructions to register at http://instagram.com.

Limit one (1) entry per person per Instagram account per Sweepstakes Post. Entries will not be judged. Winners will be selected via random drawing.

Entry submission must be manually key stroked and/or 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 sweepstakes service) will be disqualified and transmissions from such scripts, macros, bots or sweepstakes services, Instagram accounts or IP addresses may be blocked. If it is discovered that an entrant used multiple Instagram accounts or manipulated their contact information, for the purpose of obtaining more than one (1) entry per Sweepstakes Post, such persons will be disqualified and all of their Entries shall be deemed invalid and any prize awarded to them shall be forfeited.

Incomplete, deceptive or garbled Entries are not eligible. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability to locate or record an Entry. Each entrant’s Entry and username/handle must comply with these Official Rules and the Instagram Terms of Use and Community Guidelines found at https://www.instagram.com/legal/terms. In the event of a conflict between the Sweepstakes Official Rules and Instagram Terms of Use and Community Guidelines, the Sweepstakes Official Rules shall govern.

Any Entry or portion thereof that is, in the Sponsor's sole discretion, inconsistent with the Official Rules, will not be accepted as an Entry and may disqualify entrant from participation in the Sweepstakes.

All entrants must have a valid email address. The name of the person submitting the Entry into the Sweepstakes must be the authorized account holder of the email address associated with the Instagram account used to enter, otherwise the Entry may be deemed void. Multiple entrants may not share the same email address or Instagram account. In the event of a dispute over the identity of an entrant, the Entry will be declared made by the authorized account holder of the email address associated with the Instagram account in which the Entry submitted. A potential winner may be required to provide identification sufficient to show that they are the authorized account holder of such account.

If entering via a mobile phone or device, check with your wireless service provider for details on any applicable charges. Entrants are solely responsible for any wireless charges.

3. ELIGIBILITY: The Sweepstakes is open only to legal U.S. residents residing in one of the fifty (50) United States or the District of Columbia who are eighteen (18) years of age or older (19 or older if a resident of Alabama or Nebraska) at the time of entry. The following persons are not eligible to participate or win: employees, contractors, directors, and officers of PepsiCo, Inc., Pepsi-Cola Company (“Sponsor”) and its bottlers, Genesco Sports Enterprises, Inc. (“Administrator”), each of their respective parent, subsidiary and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes). No groups, clubs or organizations may enter or win a prize or reproduce or distribute any portion of these Official Rules to its members.

4. RANDOM DRAWING: The potential winners will be selected in a random drawing on or about August 30, 2024 from among all eligible Entries received by the Administrator, whose decisions are final. Odds of winning depend on the number of eligible Entries received. Limit one (1) prize per person/household.

5. PRIZE DETAILS: Eight (8) prizes are available to be awarded. Each prize consists of a Fashivly gift card in the amount of $99.00 (for an online purchase of a 5-looks digital styling guide) and a $500.00 pre-paid digital Visa card which may be used towards the purchase of items to complete one or more of the “looks”. Prize is subject to terms and conditions as set by issuer of each gift/pre-paid card. Approximate Retail Value (“ARV”): $599.00 each. Total ARV of all prizes is $4,792.00.

6. WINNER NOTIFICATION AND PRIZE CLAIM: The potential winners are subject to verification, including verification of age and will be notified, as described herein, and will be notified within two (2) days of the random drawing. Entrants’ Instagram accounts MUST be set to receive Direct Messages from everyone to be notified if they are a potential winner. (In the message controls, enable “direct messages” and allow messages from everyone; tap “Save”.) The potential winners will be notified, by the Administrator, via direct message (“DM”) through the Instagram account used for entry. It is each winner's responsibility to timely set account settings to accept contacts by the Administrator and to timely check their account for such messages. A potential winner will be required to respond to the notification within seventy-two (72) hours to provide their first and last name, complete mailing address, date of birth, and Instagram handle to the Administrator via email (to an email address provided within the notification). Sponsor is not responsible for any change of an Instagram account, mailing address, email address, or telephone number of entrants. If (a) a prize notification or prize is unclaimed or returned as undeliverable; (b) a potential winner does not properly respond to a notification (as instructed within the notification); (c) a potential winner does not return required documents in the timeframe stated above; or (d) a potential winner cannot be verified or is otherwise unable to accept the prize as stated, prize may be forfeited and awarded to an alternate winner, in Sponsor’s sole discretion. Upon forfeiture of the prize for any reason as stated within these Official Rules, no compensation will be given. Prizes will be delivered via email within six (6) weeks of winner verification.

7. GENERAL:

This Sweepstakes is governed by the laws of the United States and of the State of New York without respect to conflict of law doctrines. Void where prohibited. The potential winners may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility and as a condition of prize award. No substitution of a prize is offered, no transfer of a prize to a third party is permitted and a non-cash prize may not be redeemed for cash value, except as determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value in the event the prize becomes unavailable. An unclaimed prize will not be awarded. As a condition of participating in this Sweepstakes, entrants 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 Sweepstakes, 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 entrants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than entrants' actual out-of-pocket expenses (e.g. costs associated with participating), and entrants further waive all rights to have damages multiplied or increased. Winners will be solely responsible for paying all applicable federal, state and local taxes on prize, if any. Any difference between stated value and actual value will not be awarded.

8. CONDUCT: By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor and Administrator reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes; or to be acting in any manner deemed to be in violation of the Official Rules; or to be acting in any manner deemed 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, DESTROY, TAMPER OR VANDALIZE THE SOCIAL MEDIA PLATFORM ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

9. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information submitted by entrant, 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 Sweepstakes; (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 Sweepstakes; (d) inaccessibility or unavailability of a social media platform associated with the Sweepstakes, network or wireless service or any combination thereof; (e) suspended or discontinued Internet or wireless service; (f) any injury or damage to entrants or to any other person's computer, mobile device or property which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes; (g) any suspended or discontinued Internet or wireless service or a change in a potential winner’s Instagram account or email address which may result in a potential winner not receiving a prize notification; or (h) any undelivered or unanswered DM’s or emails, including without limitation, emails or DM’s that are not received because of a potential winner’s privacy or spam filter settings which may divert any Sweepstakes email, including any potential winner notification, to a spam or junk folder. If, for any reason, the Sweepstakes 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, including but not limited to Acts of God, pandemics, epidemics, weather, fire, strike, acts of war or terrorism, government restriction, or any other condition beyond their control, which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In the event of any such cancellation, termination or suspension, a notice will be posted on @lifewtr on Instagram. In such event, Sponsor reserves the right to award the remaining prize(s) 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 entrant in connection with the Sweepstakes. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Sweepstakes for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor and Administrator reserve the right, in their sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if the entrant tampers with the entry process or if their fraud or misconduct affects the integrity of this Sweepstakes. Sponsor reserves the
right to correct errors in promotional materials. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR’S OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

10. RELEASE OF LIABILITY: All entrants, as a condition of participation, agree to release Sponsor, Promotion Parties, Instagram, Inc., and each of their respective parents, affiliates, officers, directors, employees, agents, licensors and assigns from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property, including bodily injury and death, which may be sustained in connection with submitting an entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of any prize awarded, or while preparing for or participating in, any prize-related activity, including travel thereto, or any typographical or other error in the printing of these Official Rules or the offering or announcement of any prize. Winners shall bear all risk of loss or damage to their prize after it has been delivered. Except where prohibited by law, winners grant to Sponsor and its designees the right to print, publish, broadcast their name, voice, statement, picture or other likeness at any time or times, for advertising, trade, publicity and promotional purposes, as may be determined by Sponsor or Promotion Parties, in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law.

Sponsor’s use of your personal information is subject to the privacy policy located at contact.pepsico.com/lifewtr/privacy-policy. Any communication between entrant and Sponsor or Administrator regarding this Sweepstakes (e.g., DM’s, phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. Winners’ names may be included in a publicly-available winner’s list.

11. WINNER’S LIST: For the names of the winners, send a self-addressed, stamped envelope by September 30, 2024 to: Thrive With Your Colorful Style Sweepstakes Winner’s List Request, P.O. Box 130, c/o GSE, Dept. 24-8109-07, Glencoe, MN 55336-0130.

12. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York 10577.

This Sweepstakes is in no way offered, sponsored, endorsed or administered by, or associated with Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to the Sponsor and not Instagram, Inc.