The “Turbo Drive Promotion” (“Contest”) is brought to you by Pepsi Cola Products Philippines Inc.’s or PCPPI (“Sponsor”),
1. CONTEST PERIOD:
The Contest begins on June 1, 2018 at 12:01 AM and ends on July 31, 2018 at 11:59 PM. The Sponsor’s computer will be the official clock of the Contest (“Contest Period”).
2. WHO ARE QUALIFIED TO JOIN:
Contest is open to all network prepaid and postpaid subscribers (Smart, TnT, Sun, Globe and TM). This Contest is offered only to legal residents of the Philippines who are at least thirteen (13) years old at the start of the contest period. Winners of the MAJOR and GRAND prize who are below 18 years old will be required to be represented by a legal guardian when he/she claims his/her prize.
3. HOW TO JOIN:
Step 1: Buy any of the following products from any retail outlets with a yellow colored crown/caps or specially marked PET bottles:
· Mountain Dew
- 7oz, 8oz, 12oz, 200mL, 300mL, 500 mL, 600mL, 750mL, 1L, 1.25L, 1.5L, 1.75L, 2.25L
· Pepsi Regular
- 8oz, 12oz, 200mL, 300mL, 500 mL, 600mL, 750mL, 1L, 1.25L, 1.5L, 1.75L, 2L, 2.25L
· Pepsi Black (Bold Taste)
- 8oz, 200mL, 300mL, 500 mL, 600mL, 750mL, 1L, 1.25L, 1.5L, 1.75L, 2.25L
(Collectively referred to as “Participating Products”).
Step 2: Find the 8-digit unique alphanumeric code under the crown/cap/PET label and text the following:
· For Smart/TnT/Sun: DEW <8-digit code> to 2948. OR PEPSI <8-digit code> to 2948.
· For Globe/TM: DEW <8-digit code> to 2117. OR PEPSI <8-digit code> to 2117.
- Globe subscribers need a Php 1.00 maintaining balance to join.
· Example: DEW 1374G72G; OR PEPSI 1374G72G
4. HOW TO REGISTER:
a. First time users will be prompted to register to validate the entries sent. Registration is only done once and is FREE of charge. To register, send the following:
Example: DEW REG Frank Cruz/23/Makati City; OR PEPSI REG Frank Cruz/23/Makati City.
· For Smart/TnT/Sun: DEW REG <name/age /City> to 2948; OR PEPSI REG <name/age /City> to 2948.
· For Globe/TM: DEW REG <name/age /City> to 2117; OR PEPSI REG <name/age /City> to 2117.
b. Once registered, subscriber will no longer be prompted to register for the succeeding codes that will be sent.
c. Information sent will be kept confidential and will only be used by PCPPI and its partners (EDS and Distributors, BBDO Guerrero, Mindshare, Megamobile, Smart, TnT, Sun, Globe, TM and their respective parent companies, subsidiaries and affiliates, distributors, dealerships and other companies/consultants involved in the implementation and execution of the Contest) for this promotion.
d. A mobile number can be registered to one person only.
e. Smart and TnT subscribers will be charged Php 2.50 per text for invalid or error messages, and Sun will be charged Php 2.00 per text for invalid or error messages. However, successful text messages after registration are free of charge. Both successful and invalid or error messages are free for Globe and TM subscribers. Please check with your mobile service provider for SMS rates that are applicable.
f. The Sponsor will not be liable for any loss of data due to server issues and other technical faults that may come up during the Contest Period. In such a scenario, the Sponsor reserve the right to decide on the winners.
g. If due to technical reasons or issues beyond the control of the Sponsor, the Code does not reach the Sponsor data base via SMS, the Sponsor’s shall not be responsible for the same.
5. HOW TO WIN:
a. The participant must text the 8-digit code found under the crown/cap/label of the Participating Products. To send an entry, text DEW <8-digit code> to 2948 for Smart, Sun and TnT; OR DEW <8-digit code> to 2117 for Globe and TM. If a subscriber is randomly selected as winner, he/she will instantly win the allocated load from their mobile network.
Example: DEW 1374G72GCost: Free for Smart, TnT, Sun, Globe and TM subscribers.
· Only Smart and TnT prepaid subscribers are eligible to win the All day Text + Facebook + Viber.
· Only Sun prepaid subscribers are eligible to win the All Day Text + Facebook.
· Only Globe and TM prepaid subscribers are eligible to win the 1 day Internet (up to 40mb)
b. All network subscribers are eligible to win the Major and Grand prizes. The participant must text the 8-digit code found under the crown/cap/label of Participating Products. To send an entry, text DEW <8-digit code> to 2948 for Smart, TnT and Sun; OR DEW <8-digit code> to 2117 for GLOBE and TM.
Example: DEW 1374G72G
Cost: Free for Smart, TnT, Sun, Globe and TM subscribersc. 1 valid code is equivalent to one raffle entry. All accumulated entries collected throughout the Contest Period will be eligible for the daily and grand draws.
d. Winners will be determined via the following:
· MINOR prize winners who win during the Contest Period will instantly get All Day Text + Facebook + Viber for Smart and TnT; OR All Day Text + Facebook for Sun; OR 1 Day Internet for Globe and TM.
· MAJOR prize winners will be determined via a daily raffle.
· GRAND prize winners will be determined via a raffle draw on three dates: - June 20, 2018- July 10, 2018- August 1, 2018
· For MAJOR and GRAND prizes, participants will receive a call from an authorized BBDO Guerrero/Megamobile representative within 24-48 hours of the draw to validate the participant’s registration details.
e. For MINOR prize winners, participants do not need to register to get the prize.
f. For MAJOR and GRAND prize winners, a potential winning SMS reply will only be valid upon confirmation of a BBDO Guerrero/Megamobile Representative through a notification call on the mobile number registered.
g. An entry can only win once. However, a participant can win multiple times with different entries.
h. The more entries sent, the more chances of winning.
i. A lucky draw through automatic software will decide the winners.
6. INVALID ENTRIES/DISQUALIFICATION:
The following shall not qualify to win any MAJOR and GRAND prizes:
a. Codes sent without going through the registration procedure.
b. Registered participants who have not sent in valid codes during the Contest Period.
c. Registered participants whose entries are found to be fraudulent based on reasonable parameters determined by Sponsors in consultation with FDA.
d. Entries sent on any other number except 2948 and 2117.e. Incomplete entries
f. If a participant is identified to be below the minimum age requirement at the time of registration, the mobile number used will blocked from sending entries throughout the contest period.
g. The system will suspend a mobile number for 24-hours for every three invalid transactions made in a day. And three daily suspensions will result to a permanent suspension throughout the contest period and disqualification to win any of the succeeding prizes to be given away.
h. The use of any voting software or any other mechanical or electronic means that allows an individual to automatically send codes repeatedly is prohibited and will render all codes submitted by that individual consumer invalid. The Sponsor shall be at the liberty to take action as may be available under the law against such consumer.
i. Registered participants who exceeded the allowable number of prizes that can be won in a particular day or during the Contest Period. This is with respect to winnings above the allowed number of prizes.
j. Employees of Pepsi Cola Products Philippines Inc. (PCPPI), Pepsico International (PI), Pepsi-Cola Far East Trade Development Inc. (PCFET), Pepsi Partners: EDS and Distributors, BBDO Guerrero|Proximity Philippines, Mindshare, MegaMobile, Smart, TnT, Sun, Globe, TM, other partners for the promotion and their respective family members within second degree of consanguinity and affinity, including persons living in the same household.
7. PRIZES AND REDEMPTION:
a. Prize Winners announcement is identified in the Mountain Dew Philippines’ Facebook page. The Major and Grand Prize Winners must go through the verification process and must submit requested requirements before he or she can be awarded the prize. All decisions made by the Sponsor in concurrence with the FDA shall be final.
b. The picture of prizes depicted on the press ads/posters/TVC’s etc. are only representative and actual prizes may vary from depictions, also the programme does not constitute an endorsement or recommendation of the products or services being offered as prizes.
c. All prizes are tax-free, non-transferrable and non-convertible to cash.
8. SCHEDULE OF PRIZES AND ANNOUNCEMENT OF WINNERS
9. HOW TO CLAIM PRIZE and VERIFICATION:
a. For Minor Prize: All Day Text + Facebook + Viber (Smart and TnT) / All Day Text + Facebook (Sun) / 1 Day Internet (Globe and TM)
Prize will be sent automatically within 24 hours after receipt of the notification SMS that the registered subscriber has won.
Prize is only valid for one day from its receipt by the winner.
Pre-paid winners may consume or use within the day of redemption.
b. For MAJOR and GRAND prizes: Honda Wave110R and JEEP WRANGLER UNLIMITED SPORT
A potential prize winner will be notified by a verification call from an authorized BBDO Guerrero/Megamobile representative within 24 - 48 hours.
Each winner will be contacted 3 times over a period of one week to inform them of the win. In the event the winner is not contacted in the 3 tries the Sponsor shall be at a liberty to pass on the prize to the next winner or forfeit the prize in its entirety.
A winner is deemed to be a potential winner pending verification of his or her eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor’s sole discretion.
Arrangements will be made for the winner to personally claim the Major and Grand Prizes.
Major and Grand Prizes are non-convertible to cash.
If winner is a minor, he/she must be accompanied by his parent/s or legal guardian. Legal guardian should have a valid ID for verification. The prize will be given in the name of the winner.
The TPL insurance and registration of the Major and Grand Prizes are part of the prize package.
Any other fees or payments outside of what is already part of the prize will be borne by the winner.
Winner must send the following to the promo email: turbodrive@mymegamobile.com
a. Proof of purchase – caps/crown/label with winning promo codeb. 2 valid ID’s with photos issued by any government agency or valid school ID for participants who are at least 13 y/o. c. If a minor, proof that winner is at least 13 y/o such as birth certificate, baptismal certificate, school record or valid ID showing date of birth.
Once verified, the winner will be asked to do the following:
Surrender the winning crown/cap/label
Present 2 valid government issued IDs
Present the SMS Notification
Fill out an acknowledgement form with the following details: - Full Name - Address - Birth Date - Contact Number - Email Address - Tax Identification Number, if applicable
e. If a minor, proof that winner is at least 13 y/o such as birth certificate, baptismal certificate, school record or valid ID showing date of birth. Minors should be accompanied by a guardian who need to present 2 valid ID’s with photo issued by the government. f. Present the text (SMS) notification of the win.
In the event there are disqualified winners, the prize will be re-allocated within the Contest Period. For GRAND prizes, it will be allocated to the next drawn winner.
c. For Provincial winners
If the major and grand prize winner is from the province, the grand prize will be shipped to the winner’s nearest Sponsor’s plant.
Minors must be accompanied by one parent/legal guardian, companions must present at least two valid ID’s with proof of birth date to the Sponsor.
d. Major and Grand Prizes are non-transferable and non-assignable, except by Sponsor at Sponsor’s sole discretion. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the prize or does not properly redeem the prize, the said potential winner may, at Sponsor’s sole discretion, forfeit the grand prize and an Alternate Winner Selection may be performed. At Sponsor’s discretion, unclaimed prizes may not be awarded. No more than the stated number of prizes in these Official Rules will be awarded.
e. Sponsor shall not be liable for any complaints regarding the quality or performance of the Prizes. Any claim shall be made directly to the manufacturers of the prizes, as per the product warranty terms and manufacturers will alone continue to be liable for the prizes, wherever applicable.
f. Choice of colour of the Major and Grand prize is at the sole discretion of the Sponsor and no request in this regard will be entertained by the Sponsors.
10. CONTROL MEASURES:
a. FDA Representative shall be invited to check, test, validate and verify the computer system for registration, sending of reply messages and receiving of entries and to witness the drawing of winning codes that are randomly generated by the computer.
b. A participant may register multiple mobile numbers with the same registration details however limitation on winnings will apply on a per registrant basis, not on per mobile number basis.
c. Registered participants will receive an SMS response from the system within 24 hours to acknowledge their entry.
d. Registered participants and their entries may be disqualified from the promo if they are found to be fraudulent based on reasonable parameters determined by PCPPI in consultation with FDA.
e. A promo code can be sent by a registered mobile number only once. A potential winner of the MAJOR and GRAND Prizes will be asked to present and surrender the crown/cap/label bearing the winning code as part of the verification process.
f. By participating in the Contest, registered participants agree that their names and photos may be used, mentioned or shown in advertisements and other related materials.
g. Tampered caps/crowns/label will be disqualified. This will be checked by Megamobile and will be evaluated by PCPPI, BBDO Guerrero Inc. and FDA. A determination that a winning cap/crown/labels is tampered made by PCPPI and concurred in by the FDA shall be final.
h. Failure to submit all requirements for claiming prizes may result in disqualification. Sponsor, in consultation with the FDA, may waive the submission or presentation of any of such requirements for valid reasons.
i. During the awarding of the prize, winner will be asked to sign an acknowledgement receipt which states that he/she has received the prize in good condition.
j. In case there is threat to the integrity and security of the computer system used for the Contest or if the operation of such computer system has been compromised, Sponsor, with FDA’s concurrence, may immediately suspend the promotion.
k. All decisions made by Sponsor with FDA’s concurrence relating to this promotion will be deemed final.l. All crowns/caps/labels submitted towards verification shall become the property of Sponsor.
11. LIMITATION OF LIABILITY:
The Contest Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents are collectively referred to herein as the released parties (“Released Parties”).
12. By participating in this Contest, participants agree that:
a. The Participant shall take full responsibility over the content shared for this Contest. The Sponsor shall be free of any claims whatsoever with respect to the photos and content submitted by the Participant.
b. Sponsor shall not be responsible for any loss, injury or any other liability arising out of the promotion. Sponsor shall not be liable for any loss or damage due to Act of God, Central and State governmental actions, policies and other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
c. The Participant agrees that Sponsor is only reproducing the photos uploaded on the Social Media Accounts and that Sponsor has the right and authority to remove any such uploaded content deemed inappropriate from Social Media Accounts either itself or by taking appropriate legal action (civil or criminal) against the Contestant
d. The Released Parties are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable communications, email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Page/Usenet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of entry information; or the failure to capture, or loss of, any such information.
e. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Page users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Page or any Contest-related website(s).
f. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Contest and/or accepting a prize.
g. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries more than the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor’s sole discretion, be disqualified.
13. Remedies:
If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Contest, the participant’s sole remedy is to enter the Contest again (if the Contest has closed, then the said Entrant shall have no other remedy apart from the possibility of entering a future contest of the Sponsor, with the understanding that there is no guarantee of any such future contest).
14. Unforeseen Events:
If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of winners in a manner that it deems fair and reasonable.
15. Laws and Regulations:
Contest is subject to all federal, state, and local laws and regulations.
16. By entering the Contest, each participant agrees:
h. to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor which shall be binding and final;
i. to waive any rights to claim ambiguity with respect to these Official Rules
j. to waive all his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and
k. That all personal details submitted by each user must be accurate, complete and are subject to provision of proof upon request of the Sponsor. Any inaccurate or incomplete information found in a submission will result in disqualification of the user
l. That the Sponsor has the sole discretion to disqualify any photograph or screenshot determined by the Sponsor to be obscene, profane, lewd, defamatory, threatening, harassing, libelous, deceptive, invasive of another’s privacy, offensive or inappropriate in any manner whatsoever
m. That the Sponsor reserve the right to change/ modify terms and conditions and/ or criteria of the Contest and / or the Prize for the Contest and/ or the duration/ timing of the Contest, at any time at their own discretion and without any prior notice and without assigning any reason
n. To grant the Sponsor irrevocable consent in perpetuity to the use his/ her name, photographs, video submitted and/or taken during the prize distribution in connection with the Contest, in any and all applications including but not limited to advertising, commercials, promotion, stories, text, articles and commercial exploitation, in any and all media forms, including but not limited to radio, broadcast and television, newspapers and magazines at any time without the Participants’ further knowledge or consent
o. To forever and irrevocably agree to release, defend, indemnify 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 outside attorneys’ fees) that may arise in connection with:
the violation of any third-party privacy, personal, publicity or proprietary rights;
typographical or printing errors in these Official Rules or any Contest materials;
acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof);
any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond the Released Parties control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi- governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, 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 any of the Released Parties’ control, or as otherwise permitted in these Official Rules;
any interruptions in or postponement, cancellation or modification of the Contest;
human error;
incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof);
any technical malfunctions or unavailability of the Page or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant;
interruption or inability to access the Contest, the Page or any other Contest-related websites or any online service via the Internet due to hardware or software compatibility problems;
any damage to participant’s (or any third person’s) equipment used to access the Contest and/or its contents related to or resulting from any part of the Contest;
any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions;
any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries;
any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties;
lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); and/or
the negligence or willful misconduct by Entrant.
p. Warranty: Without limiting the foregoing, everything regarding this Contest, including the Page and a Contest prize and/or all prize component(s), 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 purpose or non-infringement.
17. DISPUTES:
Except where prohibited, participants agrees that:
a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action;
b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and
c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Participants agree that the statute of limitations for asserting any claims shall be a period of one (1) year from the time the cause of action accrued, or the cause of action shall be forever barred.
18. PRIVACY POLICY:
Any personally identifiable information collected during an participant’s participation in the Contest will be collected by Sponsor or its designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and in accordance with the Privacy Policy as stated at https://www.pepsiphilippines.com/privacypolicy.php
19. WINNER WAIVER OF CLAIMS:
By accepting a Contest prize, a winner agrees to voluntarily waive, release and relinquish any and all claims, damages, losses, expenses, remedies, demands, debts, obligations, causes of action and/or claims for relief (collectively “Claims”) that a winner may have against the Released Parties and agrees to discharge, to indemnify and hold harmless the Released Parties from all Claims arising out of or relating to the Contest and/or a Contest prize, including but not limited to Claims for bodily injury, personal injury, emotional distress, property damage, or death and/or dismemberment (collectively “Damages”) occurring to a winner or others. In addition, by accepting a prize, a winner agrees to be responsible to research the details about a prize including any inherent dangers associated with a prize and as a result agrees to accept personal responsibility for any such dangers and any resulting Damages.CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, THE PAGE, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any Contest promotional materials/notifications, the details of the Contest as set forth in these Official Rules shall prevail. The Terms are governed by the laws of the Philippines. Any dispute shall be subject to the jurisdiction of the Courts in the Philippines
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