Pepsi® Chicago Cubs “Fly Your Fandom” Contest Official Rules
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PEPSI® CHICAGO CUBS “FLY YOUR FANDOM” CONTEST OFFICIAL RULES NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. PARTICIPATION SUBJECT TO COMPLETE OFFICIAL RULES AVAILABLE AT www.pepsiplays.com/FlyYourFandom (the “Contest” website) CONTEST SHALL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK. VOID WHERE PROHIBITED. CONTEST IS OPEN ONLY TO LEGAL U.S. RESIDENTS WHO AT THE TIME OF ENTRY AND PRIZE AWARDING ARE RESIDING IN ILLINOIS, INDIANA OR IOWA, AND WHO ARE 18 YEARS OF AGE OR OLDER. 1. CONTEST PERIOD: Entry into the Pepsi Chicago Cubs “Fly Your Fandom” Contest (the "Contest") begins June 28, 2021 at 12:00:01 a.m. Central Time (“CT”) and ends at 11:59:59 p.m. CT on August 8, 2021 (the “Contest Period”). The computer clock of Sponsor’s webmaster is the official time-keeping device of the Contest. 2. ELIGIBILITY: The Contest is open only to individuals who are legal residents of the United States, who at the time of entry and prize awarding are residing in the states of Illinois, Indiana or Iowa (as determined by Sponsor in its sole discretion), and who are 18 years of age or older at the time of entry. 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. The following persons are not eligible to participate or win: Any individuals (including but not limited to employees, consultants, independent contractors and interns) who at time of prize awarding or within the six months prior to the start date of the Contest, have held employment with or performed services (collectively referred to as “Workers”) for Pepsi Beverages Company (“Sponsor”), Pepsi-Cola Company and its bottlers, or any of the subsidiaries and affiliated companies of the preceding companies/bottler, Chicago Cubs Baseball Club, LLC (“Cubs”), the other MLB Entities (defined below), or any of their respective parents, subsidiaries and affiliated companies, as well as the participating retailers, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (each, a "Promotion Party" and collectively, “Promotion Parties”), and the immediate family members of such Workers (defined as spouse, parent, child, sibling, grandparent; whether biological, adopted, step or in-law) and those living in living in their same households (defined as 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 Contest). The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. 3. HOW TO ENTER: Eligible individuals (“Entrant”) can enter the Contest by posting a video showing only the Entrant in the video singing (without instruments and in compliance to TikTok’s music usage policy and no copyrighted music permitted) the original public domain version of the song “Take Me Out to the Ball Game” with the original song lyrics which can be found at www.pepsiplays.com/FlyYourFandom using a Pepsi Brand bottle as a microphone (the “Original Song”) with the hashtag #FlyYourFandomContesT in the caption (“Submission”) to your TikTok or Instagram (“Social Media”) page between 12:00:01 a.m. CT on June 28, 2021 and August 8, 2021 at 11:59:59 p.m. CT. Limit one (1) Submission per Entrant per day across all Social Media platforms during the Contest Period. Entrant’s Social Media profile must be public in order for Submission to be eligible and count as an entry into this Contest and in order for Sponsor to be able to contact you if you are a potential winner. If you are not a registered account holder of a TikTok or Instagram Social Media account, you can visit those Social Media websites and follow the instructions to register for a free account. Registration for and use of any Social Media account is subject to the terms and conditions of the Social Media used and Sponsor has no responsibility with respect to such registration or use or enforcement of such terms and conditions. Entry Requirements for each Submission: a. Hashtags and uploads must be in English. b. Each Submission must be unique. Same video cannot be used more than once. c. Submission cannot be used more than one (1) time throughout the Contest Period. d. Submission must be between fifteen (:15) and sixty (:60 seconds) in length. e. Submission can only include one individual who must be the Entrant performing the Original Song (tune and lyrics). f. Submission with any music must be in compliance with TikTok’s music usage policy and with no copyrighted music. g. Submission must be suitable for display and publication for a “G” rated audience. h. Submission may not contain obscene or indecent content (including but not limited to nudity or profanity); it must not contain lewd 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 or standards. i. Submission must not feature or reference any commercial products and/or company trademarks, logos, brands or endorsements (including third party logos on street scenes, panoramic views, vehicle license plates, clothing such as t-shirts, hats, etc.) except that Submissions must contain a Pepsi Brand bottle. j. Submissions must not contain any copyrighted or third-party intellectual materials (e.g., artwork, designs, names, etc.). Each Entrant acknowledges that his/her Submission may be posted (edited or unedited, in whole or in part) on Sponsor’s, Cubs, or MLB’s Social Media website or social media sites/pages. All Submissions will be reviewed for content before being considered as an eligible entry in the Contest; however, such review does not relieve participant from responsibility for compliance with these Official Rules. Submissions that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by the Sponsor, in its sole discretion, -may be disqualified. Sponsor makes the final determination as to which entries are eligible to take part in this Contest. Sponsor and the MLB Entities reserve the right to reject any and all Submissions which they believe may infringe on the rights of any third parties or do not comply with these Official Rules, in their sole discretion. Submissions that are not in accordance with the Submission Requirements as stated herein or are not received during the Contest Period may be disqualified. If you think that any Submission posted on a Pepsi site/page infringes your intellectual property rights, please follow the notification guidelines as stated herein or on said site. PepsiCo, Inc. investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("dMCA"). PepsiCo, Inc.’s designated Agent to receive notifications of claimed copyright infringement is: By Mail: Copyright Compliance Team, 700 Anderson Hill Road, Purchase, New York 10577 By Email: [email protected]. Your notice of claimed infringement must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the entry requirements set forth herein in its sole discretion. 4. GRANT OF RIGHTS TO SPONSOR: For good and valuable consideration (including but not limited to participating in the Contest, consideration by Sponsor for a chance to win a prize, and/or accepting a prize) to the full extent permitted under applicable law, each Entrant and/or winner hereby assigns to Sponsor and the MLB Entities all rights, title, interest and goodwill in their Submission in perpetuity throughout the world without further compensation or acknowledgment.