Official Rules: Copa Live Más Reloaded
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
ELIGIBILITY: Open only to persons who are at least 18 years of age and have reached the age of majority in their jurisdiction of residence and who are legal residents of Aruba, Colombia, Costa Rica, El Salvador, Guatemala, Puerto Rico, Panama or the Dominican Republic. Void in any country or territory not specifically listed above or where prohibited or otherwise restricted by law. Inquiries in relation to other countries or territories not named above should be made directly with Sponsor (as defined in Section 12 below).
The following individuals are not eligible to enter the Contest: Employees, contractors, directors and officers of Sponsor and PepsiCo, Inc., its bottlers, Taco Bell and each of their parents, subsidiaries and affiliated companies, and employees, contractors, directors and officers of any Web design, advertising, fulfillment, insurance, judging and promotions agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent and/or "step") and those living in the 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 Contest) of each such employee, contractor, director or officer.
You may enter the Contest between October 10, 2016 at 5:00 PM Eastern Standard Time (“EST”) and October 29, 2016 at 12:00 PM EST (“Contest Period”).
To enter the Contest, go to www.copalivemas.com (the “Contest Site”), during the Contest Period. BEFORE YOU WILL BE ALLOWED TO SUBMIT YOUR ENTRY INTO THE CONTEST, YOU MUST UNDERSTAND THESE OFFICIAL RULES AND EXPRESSLY AGREE, AND CONSENTIT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER THE CONTEST. If you wish to enter the Contest, follow the on-screen instructions to properly complete the registration form and submit your entry for the Contest (each a “Submission”) to the Contest Site. Submissions that do not include all required information and adhere to these Official Rules as determined by Sponsor, in its sole discretion, will be considered void and will be subject to be disqualified. Once uploaded, Sponsor shall have no obligation to acknowledge or return any Submission. Sponsor may, in its sole discretion, disqualify any Submission and/or Entrant (as defined in “Guidelines and Restrictions” below) it deems inappropriate or otherwise non-compliant and ignores property rights or copyright, or that you suspect has occurred contrary to good faith or employing fraudulent means of any kind.
The creative assignment for the Contest (“Creative Assignment”) is as follows:
Take a picture or create a video of no greater than thirty (:30) seconds according with the technical specifications listed in this official rules which you believe visually shows the world how you are daring to do something that you have never had the courage to do before. Submissions should be creative, original and unpublished. Submissions will be judged on the criteria set forth below based on the visual depictions included in the Submissions. With the exception of any background music, any audio or voice included in the Submission shall be disregarded for judging purposes.
Upload your video or picture following the directions on the Contest Site and complete the registration form including the following fields: (i) Name and Last Name or the data obtained by Facebook Connect at election to the Entrant; (ii) age confirmation (iii) indication of city where the Entrant lives; (iv) telephone; and (v) e-mail.
Once the account is created, you must log in with the email address and password. If you have forgotten the data, there is an option to recover your data.
The customer support information can be found on the Contest Site in case the Entrants wish to submit questions or need help to enter the contest. Also the email: firstname.lastname@example.org is available for any questions or suggestions.
Once the video or picture is uploaded on the Contest Site, the Entrant will receive a notification that the video or picture is successfully uploaded and the video or picture will go through a process of review and approval, which will run for at least twenty-four (24) hours. The videos or pictures which do not include all the necessary information and do not adhere to these terms and conditions will be deemed disqualified. Once the video or picture is loaded, the Sponsor shall have no obligation to consider the video or picture if it does not comply with the provisions above. The Sponsor may, in its sole discretion, disqualify any Entrant (as defined in "Guidelines and Restrictions" below) that it considers inappropriate or non-compliant.
Upon completion of this process and if the video or picture is within the standards set forth herein, the Entrant will receive confirmation with a discount coupon for use at Taco Bell restaurants. The discount coupon can only be used in the country of residence of the Entrant indicated upon subscription to participate in the contest.
Once the Entrant’s video or picture is approved, the Entrant will receive a notification to register his/her email with the correct link to share on social networks or share it via e-mail with his/her contacts in order to get votes.
Judging Criteria (“Judging Criteria”) is the number of votes received by a Submission. Votes will be placed by individual consumers via the Contest Site.
- To upload a video the file must be no greater than 10MB, no greater than thirty (:30) seconds and in one of the following formats: .MOV, .MPG, .WMV.MP4 o .flv
- To upload a picture the file must be no greater than 2MB and in one of the following formats: JPG or PNG.
- Submission must not contain any intellectual property or copyrights of any third party (including copyrights of third parties).
Guidelines and Restrictions
- All Submissions must be received during the Contest Period.
- The person uploading the Submission will be deemed the entrant (“Entrant”). The Entrant is the one (1) person who is the authorized account holder of the e-mail address used to enter the Contest. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said e-mail account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
- Each individual Entrant is allowed a total of one (1) Submission (video or photo) during the Contest Period (with a “day” being considered the period of 12:00 am EST to 11:59 pm EST). Entering the same Submission multiple times is prohibited and may subject Entrant to disqualification.
- Limit one (1) Prize per person, household and/or email address.
Each Submission, and any component of such Submission:
- must be the original and unpublished work of the Entrant produced and created for this Contest by Entrant;
- must not have been entered in or won previous contests or awards;
- must not have been published previously in any medium other than having been shared or posted by Entrant via social media applications without the any filter applicable in social media applications; it must not infringe on any party’s intellectual property, including but not limited to copyright, trademark or right of privacy of publicity or any other rights;
- must be suitable for display and publication on any social media platform worldwide (e.g. it may not be obscene or indecent, including but not limited to nudity or profanity); it must not contain obscene or pornographic material, it must not contain defamatory statements or messages (including but not limited to words, images, or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic or other group), it must not include threats to any person, place, business, group or world peace, should not refer or advocating violence or any element that threatens the moral and / or good manners, 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;
- must not prominently feature or reference, expressed or identifiable to any trademarks, logos, characters, music or any other intellectual property of any third party; and
- must not feature alcohol products, tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco, electronic cigarettes, and snuff), contraceptives, feminine hygiene products, fireworks, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries and gambling (including horse or dog racing and products or services related to gambling);
- Sponsor reserves the right to disqualify a Submission in any territory in which it would not comply with applicable law or regulation.
- If in Sponsor's determination it is necessary or advisable to make minor, non-material adjustments to an otherwise compliant Submission to comply with Sponsor’s requirements, Sponsor may, in its sole discretion, elect to do so, or may ask the applicable Entrant to do so.
- In the event a Submission features the image or likeness of any individual, Entrant represents and agrees that he or she has received the consent of each such individual to be included in the Submission and the right to allow Sponsor to utilize the Submission for marketing purposes, and Entrant warrants that such individual is at least 18 years of age or older. If requested by Sponsor, Entrant agrees to secure a written waiver and/or release from such individuals in such form as may be requested by Sponsor, and Entrant’s failure to secure such waiver/release may subject Entrant to disqualification from the Contest.
- It is not allowed to use music in the videos that are uploaded to the Contest Site. Sponsor shall have the right, but not the obligation, to remove any music, spoken words or other audio sounds from the Submission before using the Submission on the Contest Site and/or in Sponsor’s social media pages and other channels, in Sponsor’s sole discretion. Sponsor shall also have the right to include and add background music of Sponsor’s choosing to any Submission when utilizing or including a Submission on the Contest Site and/or in Sponsor’s social media pages and other channels, in Sponsor’s sole discretion.
All Submissions will undergo preliminary screening for compliance with these Official Rules by one of Sponsor’s third party marketing agencies before being judged; however, such review does not relieve Entrant from responsibility for compliance with these Official Rules. Submissions that do not comply in all material respects with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by Sponsor, in its sole discretion, will be disqualified and will not be considered for prizes. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a prize. Eligible Submissions will be judged by public voting online at the Contest Site.
The top eight (8) rated videos and pictures will be displayed in the "Hall of Fame", where the percentage of votes and the difference among the other videos and pictures will be highlighted. The percentage of votes will be calculated based on the following criteria:
|1 to 5
|6 to 15
|16 to 30
|31 to 40
|41 to 50
|51 to 60
|61 to 70
|71 to 80
|81 to 90
|91 to 100
There will be one (1) Submission selected from each of the eight (8) countries that has the greatest number votes (the “First Level Judging”). The Submissions in the First Level Judging will have their prior votes reset to zero and will be judged based on the same Judging Criteria stated earlier in this Section (greatest number of votes) (the “Second Level Judging”). Four (4) finalists will be selected from the Second Level Judging. On or about November 11, 2016, the Grand Prize Winner (defined below) shall be selected from the Second Level Judging based on the number of votes received and the finalist with the greatest number of votes shall be named the Grand Prize Winner.
In the Second Level Judging, the Sponsor may request the participants to demonstrate that they have valid documents for travel to the United States of America (passport and visa). The Participants understand and accept that in order to become deserving of the award must have a valid passport and US visa. At no time will Sponsor be responsible for supporting the issuance of any of these documents to the award or be responsible if such documents are not obtained by the Winner prior to the date set for the enjoyment of the prize.
Certain Submissions may be featured from time to time on the Contest Site during the Contest Period and/or in Sponsor’s social media pages and other channels, in Sponsor's sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a Grand Prize Winner in the Contest. The Grand Prize Winner must be a valid legal resident of the country which the Entrant first made its Submission.
If the actual, alleged or publicized conduct of any Entrant in connection with this Contest is illegal, or if in Sponsor’s sole discretion is otherwise grossly offensive or violates generally accepted standards of behavior or otherwise leads Sponsor to reasonably believe or conclude that the public association with the Entrant subjects Sponsor to ridicule, contempt, controversy, embarrassment or scandal, Sponsor, in its sole discretion, may disqualify Entrant and such Entrant’s Submission will no longer be eligible for this Contest.
By entering this Contest and uploading your Submission, you irrevocably grant to Sponsor and its agents, to the extent permissible by law, the unconditional and perpetual right to post, display, broadcast, publish, use, adapt, edit, translate, dub, and/or modify such Submission in any way, in any and all media, throughout the world, for any purpose, without limitation, and without notice or consideration to you. The Entrant gives all economic rights over the rights to his name and image and their exploitation by Sponsors and consent to use of their name and image to Sponsors for a term not less than five (5 years).
Grand Prize Winner agrees that upon verification of eligibility Grand Prize Winner status, that they will not use, transfer or license their Submission to any third party or in any way that portrays Sponsor in a negative light. If requested by Sponsor, Entrant agrees to execute to sign a document where the Participant agrees that to the proposal submitted is a commissioned work (the "Commissioned work") described in these Official rules. to the effect that the ownership of the economic rights, title and interest of the proposal are properly documented for Sponsor and when the law permits, to waive all moral rights to use the proposal in relation to the competition and / or granting permission for Sponsor to amend the proposal as described in these Official Rules. The Grand Prize Winner acknowledges that Sponsor, in its capacity as owner of the economic rights to use the Proposal for promotion (including but not limited to, in print or digital media, social communication networks or any other type it may be) Sponsor and its products. If a Grand Prize Winner does not execute the document, its Submission is no longer eligible and Sponsor may select another Grand Prize Winner. All Contest Entrants further agree to release and indemnify and hold harmless Sponsor and the Contest Parties from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringe on the rights of Entrant’s work as contained in any Submission.
Entrant understands and agrees that Sponsor’s use in matters independently developed of material similar to or identical with the Submission or containing features or elements similar to or identical with those contained in the Submission will not obligate Sponsor to negotiate with Entrant, nor will it entitle Entrant to any compensation of any kind. Entrant agrees and acknowledges that nothing herein shall preclude Sponsor from using any material in or similar to the Submission without obligation to Entrant, including, but not limited to, if Sponsor has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by Entrant, or were or may hereafter be independently created by or submitted to Sponsor.
Entrant acknowledges that other Entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in Entrant’s Submission. Entrant understands and agrees that he/she shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
SELECTION OF WINNER.:
Grand Prize Winner. On or about November 11, 2016, Sponsor will select the Submission which received the highest percentage of votes in the Second Level Judging, to be the potential Grand Prize Winner. Sponsor will notify the potential Grand Prize Winner by phone and/or email on or about November 11, 2016 and will publically announce the Grand Prize Winner on or about November 11, 2016.
The potential Grand Prize Winner is subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of release forms (described herein). If attempted notification is returned as undeliverable, if a potential Grand Prize Winner cannot be verified within 3 days after notification from Sponsor, if a Grand Prize Winner or its Submission is not in compliance with these Official Rules, or if a potential Grand Prize Winner is otherwise unable to accept the prize, the prize will be forfeited and another Submission may be selected as a Winner provided sufficient time remains, in Sponsor’s discretion or otherwise disposed of as required by law.
Entrants agree that Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor shall be final and binding and not subject to challenge or appeal. Grand Prize Winner, by acceptance of a Prize (defined below), agrees, to the maximum extent permitted by law, to release, indemnify and hold harmless Sponsor and the other Contest Parties, as well as each of their respective parent, subsidiary and affiliated companies, and each of their respective employees, officers, directors, representatives, contractors, advertisers, sponsors and agents (collectively, the “Released Parties”) from any and all liability, loss, damage, cost or claim related to the acceptance, use or misuse of their prize, and their participation in and/or travel to or from any prize-related activity.
Grand Prize Winner hereby expressly authorizes Sponsor to disclose their name, city and country of residence and use their Submission in any media, including without limitation, television, print media, Internet and/or through any other media whether known at present or to be invented in the future, without any temporal or geographical restrictions and with advertising purposes in the media and forms that it may consider appropriate, without any notice or compensation whatsoever to Grand Prize Winner.
Grand Prize: One (1) Grand Prize will be awarded consisting of a trip for Grand Prize Winner and one (1) guest (“Guest”) to California, USA to visit the Taco Bell global headquarters and a choice among various activities in the Southern California area according with the itinerary and options presented by the Sponsor.. Trip must be on such dates as determined by Sponsor in its sole discretion which is anticipated to be within a year of the announcement of the Grand Prize Winner. Sponsor shall have no further liability or obligation to award Grand Prize Winner any prize in the event Grand Prize Winner is unable to travel on such selected dates or to California, USA for any reason. Grand Prize consists of round-trip coach air transportation for the Grand Prize Winner and Guest from a major gateway airport near Grand Prize Winner’s residence within their country of residence; three (3) nights double-occupancy hotel accommodations (which shall be selected by Sponsor in its sole discretion), three (3) meals per day, ground transportation in destination city from airport to hotel and from hotel to airport; ARV: $5,000USD. Actual value may vary depending on Grand Prize Winner’s point of travel origin, airfare and hotel fluctuations. Any difference between stated ARV and actual value will not be awarded.
The following travel and other conditions apply: Destination city, airport, airline, tickets and/or hotel accommodations are to be selected by Sponsor, in its sole discretion. All meals, gratuities, and other expenses associated with the Grand Prize not specifically mentioned in these Official Rules are the Grand Prize Winner’s sole responsibility. All travel must be completed on the dates specified by Sponsor, or Grand Prize will be forfeited. Grand Prize Winner and Guest must travel on the same itinerary. Guest must be 18 years of age or older and once selected, Guest selection may not be changed except in Sponsor’s sole and absolute discretion. In the event Grand Prize Winner elects not to participate in the trip to California, Grand Prize Winner will not be awarded or afforded any additional compensation in exchange therefore. Grand Prize Winner and Guest must have all necessary identification and/or travel documents (e.g., a valid driver’s license, passport, visa, etc.) required for travel, and must have no restrictions on their ability to travel, including the right to enter the destination country, or any country entered during their travel itinerary. In the event Grand Prize Winner is unable to obtain all required identification and travel documents, Grand Prize Winner’s prize may be subject to forfeiture as determined in Sponsor’s sole discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of Sponsor, air travel is not required due to Grand Prize Winner’s proximity to the destination city, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the Grand Prize Winner. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Grand Prize-related services or accommodations. Sponsor is not liable if travel is impeded by reason of decisions of government authorities, or other airline or airport authorities. Additional prize award details and travel information to be provided to the Grand Prize Winner at the time of notification. Grand Prize Winner and Guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. If Grand Prize Winner is unable to travel for any reason, including inability to obtain a visa for travel, Grand Prize Winner forfeits the Grand Prize. The Sponsor will allow the payment of the Grand Prize’s value in cash, according with the amount declared in these Terms and Conditions. The amount (less taxes) may be paid by bank transfer to the winner in the winner’s local currency. The possibility of payment the equivalent of the value in cash is not applicable to Colombia.
THE MAXIMUM TOTAL ARV OF ALL PRIZES IN CONTEST IS 5.000 US$
GENERAL CONDITIONS. All Entrants must have a valid email address and internet access is required. Except where prohibited by law, Grand Prize Winner is solely responsible for any taxes on their prize, except where prohibited by law. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prize is non-transferable. Unclaimed prize will not be awarded or will otherwise be dealt with according to law. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including without limitation, 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 Contest, Sponsor reserves the right, at its sole discretion, to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor or Contest-related Web Site; (b) violating these Official Rules; (c) violating the Contest Sites’ terms of service, conditions of use and/or applicable general rules or guidelines; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (e) engaging in fraud, dishonesty or illegal activity; (f) attempting to deliberately damage or corrupt or otherwise attempting to undermine the legitimate operation of the Contest, and/or Sponsor’s business operations, including without limitation by cheating, hacking, deception, and/or other unfair practices, including but not limited to using automated entry programs and/or devices; (g) colluding to alter the results of the Contest; and/or (h) giving false or misleading information to Sponsor or Contest Parties.
Sponsor may, to the maximum extent permissible by law, sanction any individual who engages in the above conduct or acts in a way that compromises the integrity of the Contest. The nature and extent of such sanction shall be in Sponsor’s sole and absolute discretion and may include disqualification or loss of privilege to participate in any other Sponsor contests or promotions.
This Contest is offered only to residents in the countries listed in Section 1 of these Official Rules and is governed by the laws of the state of New York, United States. All claims relating in any manner to this Contest or to any Submission must be resolved in the federal or state courts located in New York. To the extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. To the extent permitted by law, any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York. Laws in an Entrant’s country of residence may give the Entrant the right to file claims before the courts of that country and may provide that some laws of that country are also applicable to this Contest. However, if any provision of the these Official Rules or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable or void, such decision shall not have the effect of invalidating or voiding the remainder of these Official Rules, it being the intent and agreement of the parties that these Official Rules shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal and enforceable so as to materially effectuate Sponsor’s intent.
LEGAL WARNING: Any attempt by an individual, whether or not an entrant, to deliberately damage, destroy, tamper or vandalize the contest site or interfere with the operation of the contest is a violation of criminal and civil laws and sponsor reserves the right to seek damages and diligently pursue all remedies against any such individual to the fullest extent permitted by law.
WINNER NOTIFICATION. Grand Prize Winner will be notified by phone and/or email on or about the date set forth above and will be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a Publicity Release (collectively, the “Releases”). Guest will also be required to complete and sign a Liability Release and Publicity Release prior to traveling.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. By accepting a prize, Grand Prize Winner agrees, and will agree in writing if requested, that the Submission will be deemed a Work Made For Hire under the Copyright laws of the United States but if it cannot be so deemed, then the Grand Prize Winner agrees, to the extent permissible by law, to execute a release irrevocably assigning and transferring to Sponsor all of his/her right, title and interest in and to his/her Submission, if any, including, but not limited to, all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The Grand Prize Winner expressly agrees that such transfer of rights includes the exclusive right of Sponsor to do, authorize or prohibit, (a) the reproduction of the Submission (or any components therein) by any means or process; (b) the communication and/or distribution to the public of the Submission (or any components therein) by any means or process; (c) the translation, adaptation, arrangement or other transformation of the Submission (or any component therein); and (d) any other use of the Submission (or any components therein) that is not otherwise restricted by applicable law. To the maximum extent permitted by law, Grand Prize Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Grand Prize Winner may now or later have to his/her Submission in relation to Sponsor’s use of the Submission under these Official Rules and promotion (including but not limited to print, digital, social or other media) of Sponsor and its products. The Grand Prize Winner also consents to Sponsor or its agents doing (or omitting to do) any acts in respect of his/her Submission which may otherwise constitute an infringement of the Grand Prize Winner’s moral rights. Sponsor reserves the right, to the extent permissible by law, to alter, change or modify the winning Submission, in its sole discretion. Upon request of Sponsor, Grand Prize Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived and/or consent under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
LIMITATIONS OF LIABILITY AND RELEASE. To the maximum extent permitted by law, no liability or responsibility is assumed by Sponsor and other Released Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by Sponsor and other Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Contest Site in whole or in part for any reason; traffic congestion on the Internet or the Contest Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. To the maximum extent permitted by law, Sponsor and other Released Parties are not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on the Contest Site. Use of the Contest Site is at user’s own risk. To the maximum extent permitted by law, Sponsor and other Released Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person's computer equipment resulting from participation in the Contest, use of the Contest Site or the download of any information from the Contest Site. By participating in the Contest, to the maximum extent permitted by law, Entrants and Grand Prize Winner agree to release and hold harmless Sponsor and other Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to or from or participation in the Contest, or possession, acceptance, use and/or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Sponsor and other Released Parties are not liable in the event that any portion of the Contest, including any portion of any prize, is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”). Sponsor and the other Released Parties are not responsible for opinions, statements or remarks made by other Entrants or third parties that in any case can attack the image, honor or reputation of Entrants. Should a Force Majeure Event occur in connection with a Contest prize, Sponsor may, but is not obligated to, exercise commercially reasonable efforts to make a reasonable substitution, in its sole discretion.
TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL SPONSOR OR ANY OTHER RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST SITE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OR APPS ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
In the event, and to the extent, that any other law applies where a liability limitation concerning death or bodily injury, or any other tort, is not permitted, nothing in these Official Rules shall be taken to limit or exclude any party’s liability for death or bodily injury caused by such party’s negligence, or for fraud or gross negligence.
COLLECTION AND USE OF PERSONAL DATA FOR NON-US RESIDENTS. By clicking agreement to these Official Rules, the Entrant authorizes the use and collection of his or her personal data for the purpose of conducting the Contest only (including publishing winner’s full name and state, county, province, territory or their equivalent, and/or disclosing them to third parties on request in accordance with the winner’s list request procedure set out below) and any other purposes to which you have consented. Entrant further agrees that if Entrant is the Grand Prize Winner, Sponsor may transfer Entrant’s personal data to the relevant and applicable government entities of Grand Prize Winner’s country of residence. In connection with this Contest, Sponsor will collect Entrants’ Full Name, Address, Email Address, Telephone Number, Country, Date of Birth and Gender. For Non-US (Puerto Rico) Residents, this information will be deleted within six (6) months after the end of the Contest. Sponsor will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes, unless the Entrant has given his prior express consent to receive additional information from Sponsor or a third party.
Entrants have a right of access to, modification and free withdrawal of their personal data. They also have the right of opposition to the data collection, under certain circumstances. To exercise such right, Entrants may write to Sponsor at PepsiCo, Inc., Attention: Legal Vice President – Global Marketing, 700 Anderson Hill Road, Purchase, NY 10577 or email Sponsor at the Customer Support section of www.copalivemas.com.
Entrant’s data will be collected exclusively through the Contest Site located in the United States and processed in the United States. The data controller is PepsiCo, Inc. 700 Anderson Hill Road, Purchase, NY 10577 and the recipient of the data is PepsiCo, Inc. 700 Anderson Hill Road, Purchase, NY 10577. If the Grand Prize Winner is from a country located outside of the United States, the Entrant’s data may be disclosed to PepsiCo’s related entity in the Grand Prize Winner’s home country.
WINNER’S LIST/RULES REQUEST. Sponsor shall list the name of the Grand Prize Winner on the Contest Site for up to 45 days after the end of the Contest.
SPONSOR: PepsiCo, Inc. 700 Anderson Hill Road, Purchase, NY United States.