OFFICIAL RULES

MTN DEW® Outdoor 2021 Stimulus Instant Win Game (“Promotion”)

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE AN PARTICIPANT’S CHANCES OF WINNING. INTERNET ACCESS REQUIRED.

PROMOTION PERIOD:

The Promotion begins on March 21, 2021 at 12:00 PM Eastern Time (“ET”) and ends on June 12, 2021 at 11:59 PM ET (“Promotion Period”). The Administrator’s clock shall be the official clock of the Game. A “day” begins at 12:00 A.M. ET and ends at 11:59 P.M. ET during the Promotion Period, except for the first day of the Promotion Period beginning at 12:00 P.M. ET and ending at 11:59 P.M. ET.

ELIGIBILITY:

This Promotion is open to legal residents of the United States who are at least eighteen (18) years old at the time of entry. Employees of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Promotion Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to participate. All federal, state, and local laws apply. Void where prohibited or restricted by law.

Participation constitutes participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Promotion. For purposes of the Promotion, a participant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Participants will not be allowed to change their physical address or e-mail address during the Promotion Period.

HOW TO PARTICPATE IN THE INSTANT WIN GAME:

To participate visit DEWOutdoorStimulus.com and follow the prompts and instructions to register for or log-in to an account. Participants will be required to provide their first & last name, valid email address, complete mailing address, zip code and date of birth. Once registered and logged in, the participant will be prompted to upload or scan their valid outdoor license, pass, permit, receipt or proof of payment for admission as indicated below (“Outdoor Pass”) in order to complete a Game Play. If the participant has won a $25 gift card, they will be notified automatically via a winning message on the screen.

A) Eligible Outdoor Passes include the following:

LICENSES - Any official outdoor license valid for the 2020/2021 season, that was issued to the participant:

  • Hunting License (Big Game, Deer, Harvest, Alligator, Shooting, Waterfowl/Bird)
  • Fishing/Trapping License
  • Sportsman’s License
  • Boating License
  • Jet Ski License
  • ATV or Off-Road Vehicle License

PASSES & PERMITS - Any official outdoor pass or permit valid for the 2020/2021 season, that was issued to the participant:

  • National Parks Pass
  • Snowboarding or Skiing Pass
  • Mountain Biking or Wilderness Permit
  • America the Beautiful Interagency Annual Pass
  • Senior or Military Access Pass
  • Recreation Day Passes, Seasonal Permits, Day Permits

Recreation Day Passes, Seasonal Permits, Day Permits

  • National Parks Entrance Fees
  • Wilderness Permits (backpacking overnight camping)
  • National Monument Admission
  • State Park and Sno-Park Fees

B) To upload an Outdoor Pass without purchase, follow the “Entry without purchase” prompts to download a Sponsor-supplied Outdoor Pass, that can be used to participate.

C) Once the participant uploads their Outdoor Pass, they will be notified instantly with a message on screen whether or not they are a Prize Winner. If participant is not a Prize Winner, the Game Play will then be complete. Prize Winners will be provided with (2) options for receiving their prize:

  1. Participant may choose to claim their Instant Win Prize and receive it themselves; or,
  2. Participant may choose to gift their Instant Win Prize to one (1) of the 501(c)3 charitable organizations listed. They will be prompted to select one of the following: Backcountry Hunters & Anglers, Outdoor Afro, Pheasants Forever, Protect Our Winters, River Network and Team Rubicon. The If a participant chooses this option, they will not receive the Instant Win Prize, and Sponsor has no further obligation to Participant.

Participant must choose one of the above options in order for an Instant Win Prize to be considered awarded, and the Game Play to be completed. If Game Play is not completed, the Instant Win Prize will not be awarded.

There is a limit of one (1) Game Play per account per day. Participants are prohibited from using more than one (1) e-mail address or multiple identities to create an account. If it is found or suspected that a participant is using more than one e-mail address or multiple identities to participate in the Promotion, then that participant, in Sponsor’s sole discretion, may be disqualified and not be eligible to win a prize. Subsequent attempts made by the same individual to create multiple account by using multiple or false contact information, may result in the participant being disqualified. Game Plays generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Game Plays that are not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Game Plays submitted by participants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.

INSTANT WIN PRIZES:

There are forty-thousand (40,000) Instant Win Prizes available. Each Instant Win Prize is valued at $25. Instant Win Prizes can be issued in one (1) of two (2) ways: a) an Instant Win Prize winner may claim their prize for themselves, the prize will be awarded in the form of a $25 eGift Card. The eGift Card will be issued to the email address supplied at registration. Allow 4-6 weeks for delivery of prize; or b) an Instant Win Prize winner may choose to gift their Instant Win Prize to a selected charitable organization of their choice. Each charitable organization will receive a lump sum amount from all consumers who have chosen that organization at the end of the Promotion Period. $25 gift by a participant to a charitable organization is NOT tax deductible and the Winners’ names/contact information will not be supplied to charitable organizations. Limit of one (1) Instant Win Prize per person per day and three (3) Instant Win Prizes during the Promotion Period per person, email address or street address.

Total Value of Instant Win Prizes available: $1,000,000.

The use of a gift card is subject to the terms and conditions set forth in the email communication provided with the gift card, which shall govern the use of the gift card. Use of a gift card constitutes the user’s acceptance of the terms and conditions so the winner should read the terms and conditions within the gift card communication carefully. Winners must protect the gift card and treat the gift card as they would any other valuable document. The gift cards will not be redeemed or exchanged for cash, except where required by law. The gift cards will not be replaced or replenished if lost, stolen, damaged or destroyed and will be voided if altered or defaced. The gift cards will not be replenished after the expiration date listed on the card. All costs and expenses not specifically included herein are solely the winner’s responsibility.

LIMITATION OF LIABILITY:

By participating in this Promotion, participants agree that the Promotion Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, misdirected or undeliverable e-mails; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a prize; and (viii) Game Plays that are not in compliance with the Official Rules. Further, the Promotion Entities are not responsible for any unanswered or undeliverable winner notifications.

By participating in the Promotion, each participant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of their rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any promotion-related activity or element thereof, and the participant’s Game Plays, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by participant.

If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible participants prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, Sponsor shall immediately suspend all 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, such as by way of example and not by way of limitation, in a random drawing from among all eligible, nonsuspect participants received up to the time of the impairment, and Sponsor shall not have any further liability to any participant in connection with the Promotion. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Promotion Period for clarification purposes without materially affecting the terms and conditions of the Promotion.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT 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.

DISPUTES:

THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE RESOLVED IN THE STATE OF NEW YORK IN A COURT OF COMPETENT JURISDICTION. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN WESTCHESTER COUNTY, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

PRIVACY:

Sponsor’s privacy policy is available at https://policy.mountaindew.com/privacy.htm

PUBLICITY RIGHTS:

By participating in this Promotion, each participant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use their name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Promotion for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

GENERAL:

Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Promotion e-mail, including any winner notification e-mail, to a spam or junk folder. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. Prizes are non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the prize or force majeure, at Sponsor’s sole and absolute discretion. Promotion Entities shall not be held responsible for any delays in awarding the prize for any reason.

All potential prize winners are subject to verification before any prize will be awarded. Any attempted form of participation in this Promotion other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any participant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion.

Participants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address and residential address submitted on the registration form associated with such entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each participant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No participant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.

SPONSOR:

Pepsi-Cola Company (“Sponsor”), 1111 Westchester Avenue, White Plains, NY.

Customer Service inquiries may be made by emailing MtnDewOutdoorStimulus@enterpromo.com or by calling 877-433-9765.

©2021 Pepsi-Cola Company. All rights reserved.

MTN DEW and the Mtn Dew Logo are registered trademarks of PepsiCo, Inc.