OFFICIAL RULES

U.S. National Promotions
 (Click on a promotion below to see the official rules)



DESIGN OUR PEPSI CAN - OFFICIAL RULES

NO PURCHASE NECESSARY.

SWEEPSTAKES SHALL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK. VOID WHERE PROHIBITED.

(click below to go to an underlined section)

Promotion Schedule
How To Participate
Eligibility
Pepsi Packaging/Advertising Determination
Consideration
Judging Criteria
Grant of Rights To Sponsor
Promotion Terms of Submission
Limitations on Liabilities; Remedies.
General Conditions
Miscellaneous
Sponsor

For good and valuable consideration (including, without limitation, the possibility of publicity), the receipt and sufficiency of which are hereby acknowledged, Participant (as defined below) is submitting certain design(s), idea(s), concept(s), communication(s) and/or material(s) (the "Submission") for the benefit of Pepsi-Cola Company (the "Sponsor") upon the following express understandings and conditions.

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1. PROMOTION SCHEDULE:  Promotion begins 5:00 p.m. 12:00:01 a.m. ET on October 83, 2007 and can be terminated at any time by Sponsor without any prior notice (the "Promotion Period").

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2. HOW TO PARTICIPATE:  You must be registered on www.designourpepsican.com site (the "Website") and follow the directions on that site to register and/or update an existing profile.

Starting at 12:00:01 a.m. 5:00 p.m. ET on October 38, 2007 (the "Pepsi Time") you may submit a Pepsi Can design (the "Promotion") for either the Pepsi beverage product or the Diet Pepsi beverage product (the "Pepsi Can"). Visit the Website during the Promotion Period and use the tools provided on the Website to create your Pepsi Can design.

Pepsi Can designs must be created and submitted during same session. Pepsi Can designs cannot be saved either on the Website or on your computer system. Once you have completed your Pepsi Can design, click on the "Upload Your Submission" button to upload your Submission.

If you choose to create your Pepsi Can design outside the Website using your own tools, you must download a template and follow the directions in the template. You will need to save the file as a .JPG format with a maximum file size of 250 KB. If you choose to use your own tools and your design is chosen by Sponsor for use on Pepsi Can packaging and/or Pepsi Can advertising (hereinafter referred to as "Pepsi Packaging/Advertising"), you will need to submit the original art file to Pepsi.

All individuals who enter a Submission on the Website ("Participants") must strictly comply with these Submission Guidelines as well as the Privacy Policy of the Website, which is governed by the PepsiCo Privacy Policy.

All Submissions, including but not limited to, designs, ideas, concepts and communications shall be owned solely by Sponsor.

From time to time during the Promotion Period, Sponsor may, in its sole discretion, choose to feature some recent Submissions on the Website. Being featured in the Pepsi Gallery is unrelated to the Judging Criteria and in no way reflects the possibility of the Submission being considered for use on Pepsi Packaging/Advertising. All Submissions will be reviewed for content before being published in the Pepsi Gallery or being considered for Pepsi Packaging/Advertising; however, such review does not relieve Participant from responsibility for compliance with these Submission Guidelines.

Submissions that do not comply with these Submission Guidelines or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for inclusion in the Pepsi Gallery and/or Pepsi Packaging/Advertising. Sponsor makes the final determination as to which Submissions are eligible to take part in this Promotion and be considered for inclusion in the Pepsi Gallery and/or for use on Pepsi Packaging/Advertising.

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3. ELIGIBILITY:  To be eligible to enter a Submission, Participant must be 13 years of age or older at the time of Submission and be registered on www.pepsiusa.com/corporate/join and have a complete postal mailing address (street/city/state/zip code) and their required information on file at the Website to enable Sponsor to contact them by mail in the event their entry is selected as a potential Pepsi Packaging/Advertising candidate PARTICIPANT MUST 13 YEARS OF AGE OR OLDER AND A LEGAL RESIDENT OF THE U.S. RESIDING IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA THROUGHOUT THE PROMOTION PERIOD. Potential Pepsi Can Packaging/Advertising candidates may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility. Employees of Pepsi-Cola Company and its bottlers, their respective parents, subsidiaries, affiliates, divisions, distributors, suppliers, printers, distributors and advertising, Promotion and judging agencies and the immediate family members of such employees (parent, child, sibling, spouse) and persons living in the same household as such employees (whether related or not) are not eligible to win.

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4. PEPSI PACKAGING/ADVERTISING DETERMINATION:  There are several stages involved with making the final determination on using a Submission on a Pepsi Package/Advertising. During this period, Sponsor may contact Participant but this contact does not indicate any final decisions on behalf of Sponsor. A Submission is not deemed selected until the Participant has received a final determination letter from Sponsor advising them that their Submission has been selected for use on a Pepsi Package and/or Pepsi Advertising (the "Final Determination Letter").

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5. CONSIDERATION:  If you receive a Final Determination Letter from Sponsor advising that your Submission is selected for inclusion in Pepsi's package line up [NEED HELP WITH TERMINOLOGY], Sponsor will award you the sum of $5,000. If your Submission is chosen for both the Pepsi Can Package and Pepsi Can Advertising, you will only receive one $5,000 payment. You will be solely responsible for any taxes on the award, and will receive an IRS Form 1099 for the value of their award.

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6. JUDGING CRITERIA:  Among all eligible Submissions received, Sponsor and its designated representatives (the "Judges") shall review all Submissions for possible inclusion in the Pepsi Gallery and/or for use on Pepsi Packaging/Advertising based on the criteria listed below.

Submissions shall be judged as follows:

  1. Originality
  2. Creativity
  3. Strength of Pepsi Branding

Once the Judges have selected a Submission for potential use on a future Pepsi Package/Advertising, the individual who submitted the design will need to complete, sign and return a Release Form within five (5) days of its receipt in which the Semi-Finalist will acknowledge that the Submission is a ³work for hire² and will irrevocably assign and transfer to the Sponsor any and all rights, title, goodwill and interest in and to Submission, including, without limitation, all copyrights, and waive all moral rights in such Submission. If the Participant is under the age of 18 (or 19 in NE or AL) the Participant will be required to have their parent or legal guardian, on their behalf, complete, sign and return the Release Form within five (5) days of its receipt. Any Release Form not returned in the specified time shall be ineligible for inclusion in the Pepsi Gallery and/or further review for potential use of Submission on a Pepsi Package/Advertising. Receipt of a Release Form by a Participant does not indicate that the Judges have decided that your Submission is selected for a Pepsi Package/Advertising. The Release Form, upon return to Sponsor merely indicates that your Submission is being further considered for use on a Pepsi Package/Advertising. It is possible that a Submission could be rejected by Sponsor for any, or no, reason after Sponsor receives the returned Release Form. Only those Participants who receive a Final Determination Letter from Sponsor advising them that their Submission will be used on a future Pepsi Package/Advertising are eligible for any consideration. All decisions by the Judges shall be final and binding. It is the sole decision of the Judges to determine which Submissions, if any, will be considered for inclusion in the Pepsi Gallery and/or ultimately on Pepsi Packaging/Advertising. If, for whatever reason, the Judges deem that none of the Submissions are capable of being replicated on a Pepsi Package/Advertising and/or find that none of the Submissions are up to the high standards for the Pepsi Package/Advertising, the Judges and/or Sponsor, in their sole discretion may in their sole discretion, modify, alter or in some other way change the Submission so that it is acceptable to the Judges and/or Sponsor.

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7. GRANT OF RIGHTS TO SPONSOR: 

By submitting a Submission, Participant hereby agrees that:

  1. In consideration of entering a Submission in the Promotion, Participant on behalf of themselves, their heirs, executor, administrator and assigns, hereby assign to Sponsor all rights, interest and goodwill in the Submission, including an irrevocable grant to Sponsor of the exclusive, perpetual, royalty-free, worldwide license and right to broadcast, exhibit and/or otherwise use the Submission and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised, including but not limited to the possible use of the Submission by Sponsor on a Pepsi Package/Advertising, including but not limited to single serve cans, multi-pack packages and/or fountain cups) to be distributed through the Pepsi Bottling System some time in the future. All decisions on the number of Pepsi packages distributed, type of packaging used or geographic location for such distribution shall be at Sponsor¹s sole discretion and shall be subject to acceptance by the individual Pepsi bottlers. All Submissions, upon submission, become the property of Sponsor, and its successors, assigns and licensees. Sponsor will have the exclusive right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submission in any packaging, merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Participant forever waives and relinquishes on behalf of themselves, their heirs, executor, administrator and assigns any and all rights, including but not limited to goodwill, in and to the Submission. Participant also irrevocably grants Sponsor the right to use their name, voice, likeness and biographical material in or related to the Submission. Participant agrees not to issue any publicity on behalf of or in connection with Sponsor, their Submission and/or their participation in this Promotion.
  2. Participant acknowledges that they have no right of approval or consultation with respect to Sponsor's use of the Submission. Sponsor will not be responsible for the return or preservation of the Submission. Sponsor shall use its sole discretion in determining the extent and manner of the use of the Submission and Sponsor is not obligated in any way to use or exploit the same or any rights granted by Participant, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on Sponsor¹s website. Participant further agrees that the Submission is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created. Participant further acknowledges and agrees that by entering their Submission, they warrant that the Submission is their original work.
  3. Participant acknowledges that, upon entering their Submission, Sponsor owns and controls all rights, including but not limited to the copyright, intellectual property, goodwill in and to their Submission and hereby irrevocably grants to Sponsor the unconditional and perpetual right and permission to trademark, copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Participant's name, address, image, voice, likeness, statements, biographical material and Submission, including, but not limited to, the Pepsi Can design (in each case, as submitted or as edited/modified in any way by the Sponsor, in the Sponsor¹s sole discretion), as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Participant and arising out of his/her participation in this Promotion (with or without using the Participant's name) (collectively, the "Additional Materials") in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Participant or any other party.

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8. PROMOTION TERMS OF SUBMISSION:  As conditions of entry into this Promotion and by uploading a Submission, each Participant represents and warrants that:

  1. their entire Submission: (i) is wholly original: (ii) has been created solely by the Participant; (iii) has been legally obtained and/or created; (iv) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards; (v) has not been entered into a previous Promotion or has received any awards; (vi) has not been published previously in any medium; (vii) they have not granted or transferred any rights in or to the Submission to any third party prior to the date of Submission; and (viii) Participant has not done anything which has impaired and will not do anything to impair the rights granted to Sponsor in any way.
  2. if their Submission is chosen by the Judges to be chosen for further review Participant, or if they are under the age of 18 (19 in NE or AL) their parent or legal guardian, will complete, sign and return within five (5) days the Release Form in which the Participant (or their parent/legal guardian on their behalf) will reaffirm that the Submission is a "work for hire" and will irrevocably assign and transfer to the Sponsor any and all rights, title, goodwill and interest in and to the Submission, including without limitation, all copyrights, trademarks and waive all moral rights in such Submisison. If any Release Form is returned as undeliverable without a forwarding address, then the Submission will be ineligible for further review by Sponsor. Receipt of a Release Form by a Participant does not indicate that the Judges have decided that the Submission is selected for a Pepsi Package/Advertising. Only those Participants who receive a Final Determination Letter from Sponsor advising them that their Submission will be used on a future Pepsi Package/Advertising are eligible for any Consideration.
  3. by entering a Submission, Participant agrees to indemnify and hold harmless Sponsor, its bottlers, the Judges, their respective parents, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees costs) which arise out of any breach of any of their Submission, covenants, agreements, obligations, representations or warranties set forth herein.

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9. LIMITATIONS ON LIABILITIES; REMEDIES:  By submitting a Submission, Participant agrees that:

  1. any and all disputes, claims and causes of action arising out of or connected with their Submission will be resolved individually, without resort to any form of class action;
  2. any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable;
  3. under no circumstances will Participant be permitted to obtain any award for, and Participant knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages;
  4. they irrevocably waive any right to seek injunctive or equitable relief; and e.they release and indemnify and hold harmless Sponsor and the Judges 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 infringes on the rights of Participant's work as contained in any Submission.

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10. GENERAL CONDITIONS:  All Entrants must be registered on the Website.

Submissions can only be submitted by individuals. The name of the person submitting the Submission must be the name of the person who registered on the Website with such email address, and the authorized account holder of such email address, otherwise, Submission may be deemed void. In the event of dispute over the identity of a Participant, a Submission will be declared made by the authorized registered user of the Website through which the Submission was entered and may be required to provide identification sufficient to show that he/she the authorized account holder of such account. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or postal address during the Promotion Period. To do so, go to the "Join Pepsi" page on the Web Site, click "Manage Profile", and follow the instructions on how to update your profile. By participating, Participants agree to the following: these Submission Guidelines, which are final and binding in all respects. An unclaimed award shall be forfeited. Notification of possible inclusion in the Pepsi Package/Advertising schedule must be kept confidential until the Sponsor has chosen to publicly reveal the Submissions. Your Submission will not be considered for Final Review unless the properly and fully completed Release Form is received by Sponsor within five (5) days of its receipt. Upon completion of the final review period, Sponsor will send a Final Determination Letter to those Particpants whose designs are chosen for inclusion in the Pepsi Package/Advertising schedule by phone and/or mail at the phone number and/or address provided on their registration.If for any reason the Promotion 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 Promotion, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Promotion. 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 Promotion or any Sponsor website; (b) violating the Submission Guidelines; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require a potential Final Review candidate to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not bring Promotion Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion as determined by Sponsor in its sole discretion. This Promotion is offered only in the United States and is governed by the laws of the state of New York.

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11. MISCELLANEOUS:  These Submission Guidelines and their performance will be binding on Participant and their heirs, administrators, executor, successors and assigns. The construction, validity, interpretation and enforceability of the Submission Guidelines will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules. Notwithstanding the foregoing, Participant acknowledges that Sponsor may nonetheless (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Submission Guidelines and/or; (2) bring an action in court to protect or interpret any of Sponsor's purported intellectual property rights. These Submission Guidelines will not be assignable by Participant.

Sponsor, its bottlers and their respective parents, successors and assigns, will have the unlimited right to assign these Submission Guidelines and the rights granted at any time, in whole or in part, to any party. Participant will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by Sponsor to further evidence or effectuate Sponsor's rights as set forth in these Submission Guidelines and Participant appoints Sponsor as their attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Participant fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same).

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12. SPONSOR:  Pepsi-Cola Company, Purchase, NY

Mountain Dew is a registered trademark of PepsiCo, Inc.