Introducing the Black Art Rising Fund
LIFEWTR wants to support Black creatives in designing purpose-driven art by contributing funds towards their next great creation because we believe nothing, including access to art supplies, should hold them back from voicing their perspectives through art.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. MESSAGE AND DATA RATES MAY APPLY IF ACCESSING INSTAGRAM VIA A MOBILE DEVICE.
1. Promotion Period:
The LIFEWTR #BlackArtRisingContest (the “Promotion”) starts October 6, 2020, at 12:00 p.m. Eastern Time (“ET”) and ends October 27, 2020, at 11:59 p.m. ET (the “Promotion Phase”). The Promotion Period will be divided into three (3) separate entry periods (each, an “Entry Period”) set forth in the table below. The Sponsor’s (defined below) computer is the official Promotion clock.
To be eligible to enter, you must be a legal resident of the fifty (50) United States and at least fourteen (14) years of age or older at the time of entry, and throughout the Promotion Period and an Instagram account holder (each, a “Social Network Account”). Employees of Pepsi Cola-Company and its bottlers (“Sponsor”), PepsiCo, Inc., and each of their respective parent companies, subsidiaries, affiliates, bottlers, divisions, distributors, suppliers, printers, distributors and advertising, promotional 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 (collectively, “Promotion Parties”) (whether related or not), and any paid/retained talent or influencer for the Black Art Rising 2020-2021 campaign are not eligible to enter or win the Promotion. Void outside of the United States and where otherwise prohibited or restricted by law. No groups, clubs, newsletter distributors or organizations may reproduce or distribute any portion of these Official Rules to their members. All Entrants, as a condition of entry, agree to be bound by these Official Rules and the decision of the Sponsor’s contest administrators will be final and binding in all respects.
3. How to enter:
Limit one (1) Entry per person/ Social Network Account/ email address and/or household. Any attempt by an entrant to enter more than the stated limit, including multiple Entries by the same entrant using different phone numbers/email addresses/social network accounts, will invalidate ALL Entries submitted by that entrant for the entire Promotion Period.
Entry Requirements: The person submitting an Entry will be deemed the Entrant (“Entrant”). Each Entrant warrants and represents the following with respect to his/her Entry: (a) Entrant is the sole and exclusive owner and creator of the photo and has obtained the necessary rights and consents; (b) the photo does not infringe on any rights of any third parties; (c) the photo does not contain content that denigrates, disparages or reflects negatively on the Sponsor; and (d) the photo does not include individuals under legal age of majority unless Entrant has a signed release from such individual’s parent or legal guardian. Entrants must not include any of the following content (the “Content Restrictions”) in any Entry: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on Sponsor; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state or local law, ordinance, or regulation; (xi) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the Entry is created. Any Entry that does not comply with the foregoing, in the sole and absolute discretion of Sponsor, will be disqualified. Sponsor may, in its sole discretion, disqualify any Entry it deems inappropriate, indecent or obscene, and unsuitable for publishing or otherwise non-compliant with these Official Rules. By submitting an entry on Instagram with the Hashtag and tagging @LIFEWTR, you authorize Sponsor to use your Entry without compensation on Sponsor’s social media sites, TheBlackArtRising.com, LIFEWTR.com and/or LIFEWTR’s Social network Accounts, and you grant to Sponsor the right to modify your Entry by any means. An Entry does not guarantee selection as a winner in this Promotion. Proof of successful submission of an Entry or sending is not proof of receipt by Sponsor. Sponsor shall not have any obligation to copy, publish, display, or otherwise exploit Entries. Submission of an Entry constitutes Entrant’s consent to participate in the Promotion and consent for Sponsor to obtain, use, and transfer Entrant’s Instagram username, and other details for the Promotion administration purposes. Except as noted in these Official Rules, information collected for this Promotion is used only for the purpose of Promotion administration and winner notification, and will not be re-used, sold or shared in any manner by the Promotion Parties or any third parties.
4. Agreement to Official Rules
By participating in the Promotion, Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and legally binding in all matters related to the Promotion.
5. Conditions of Entry:
Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute over the identity of a potential winner, an Entrant’s identity will be defined by the authorized account holder of the Social Network Account used at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such Social Network Account. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
6. Winner Determination:
By submitting a Photo, the entrant represents and warrants that he/she has all rights to the photo submitted. Entrant also grants the Sponsor irrevocable and uThere will be three judging phases. In each phase, the contest administrators (“Judges”) will review and judge all eligible Entries and select twenty-five (25) winners each judging phase on or about 10/9/20, 10/23/20, and 10/30/20 (“Judging Phase(s)”). To be eligible for a Judging Phase, an entry must be submitted by 10/27/2020 at 11:59p.m. ET. All entries will be eligible for consideration during the entire Judging Phase. Winners selected will be those entries that the Judges, in their sole and absolute discretion, deem to best meet the following weighted Judging Criteria: (51%) Relevance to Promotion Theme, and (49%) Originality. If a potential winner is found to be ineligible or does not comply with these Official Rules, he/she will be disqualified, and the Entry with the next-highest Judge’s Score will be named the potential winner. The Judge’s and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the Finalists.
- Judging Phase 1
- Start Date/Time : 10/06/20, 12:00:00 p.m. ET
- End Date/Time : 10/12/20, 11:59:59 p.m. ET
- Judging Date : 10/09/20
- Number of Prize Winners : 25
- Judging Phase 2
- Start Date/Time : 10/13/20, 12:00:00 a.m. ET
- End Date/Time : 10/20/20, 11:59:59 p.m. ET
- Judging Date : 10/16/20
- Number of Prize Winners : 25
- Judging Phase 3
- Start Date/Time : 10/21/20, 12:00:00 a.m. ET
- End Date/Time : 10/30/20, 11:59:59 p.m. ET
- Judging Date : 10/23/20
- Number of Prize Winners : 50
7. Prizes (100):
Each prize is $500 (each a Prize”). As outlined in communication with Sponsor, Prizes will be issued in the form of a Venmo electronic payment or check if the Winner does not possess a Venmo account. If approved, payment via Venmo will be sent (but potentially not received) within ten (10) business days from date of winner selection. No more than one hundred (100) Prizes will be awarded. The approximate retail value (“ARV”) of each Prize is $500. Each winner is a potential winner pending verification of eligibly and compliance with these Official Rules.
Each winner is fully responsible for all applicable federal, state, income, and local taxes. The Prizes are non-transferable and non-assignable. Sponsor reserves the right to substitute any Prize (or any portion thereof) with a Prize of equal or greater value at its sole and absolute discretion should Prize become unavailable for any reason. Sponsor make no warranties, express or implied, relative to the use or enjoyment of any Prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. No more than one hundred (100) Prizes will be awarded. Limit one (1) winner per person/ Social Network Account/ email address and/or household. Unclaimed Prizes will not be awarded.
8. Winner Notification:
Potential winners will be notified within three (3) to (10) days of selection, through direct message on Instagram. The potential Prize winners will be required to respond within seventy-two (72) hours or Prize forfeited. Sponsor is not responsible for suspended or discontinued wireless/Internet service that may result in a potential winner not receiving initial Prize notification. Once potential winner notification is confirmed to Sponsor, the potential winner may be sent a Liability/Publicity Release (where permitted by law) to be signed and returned within the number of days communicated by Sponsor. Prize winners will be solely responsible for all applicable federal, state and local taxes on Prizes. In the event (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) an email notification or direct message is not confirmed to Sponsor within seventy-two (72) hours: (iii) any required documents are not returned within the stated required number of days; (iv) potential winner declines the Prize for any reason; or (v) if a potential winner is found to be ineligible or not in compliance with these Official Rules, Prize will be forfeited and may be awarded to an alternate winner determined based on the Judging Criteria from among all remaining eligible Entries received. Allow one (1) to three (3) weeks for delivery of the Prize following the notification process.
By participating in the Promotion and/or receipt of any Prize, each Entrant and each applicable winner agrees to release and hold harmless Instagram, Pepsi Beverages Company, PepsiCo, Inc., Pepsi-Cola Company, its bottlers and their respective subsidiaries, affiliates, bottlers, suppliers, distributors, advertising/promotion agencies and Prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any Prize.
10. General Conditions:
Sponsor reserves the right to cancel, suspend, extend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made Sponsor reserves the right to seek damages from any person responsible for the attempt to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability:
Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or land line phone service; or (f) any injury or damage to participants or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion or download of any materials in the Promotion. If, for any reason, the Promotion is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. In such event, Sponsor shall immediately suspend all Prize awards, and Sponsor reserves the right to award any remaining Prizes (up to the total set forth in these Official Rules) based on Judging Criteria and Sponsor shall not have any further liability to any participant in connection with the Promotion. Sponsor may modify and amend these Official Rules as they may appear online from time to time during the Promotion for clarification purposes without materially affecting the terms and conditions of the Promotion. The Promotion is subject to all applicable federal, state, local laws and regulations.
Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (3) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules.
13. Winners’ List:
For the names of the Prize winners, send a self-addressed stamped envelope before November 6, 2020 to: ‘LIFEWTR #BlackArtRisingContest Winners’ List c/o PO Box 251328, West Bloomfield, MI 48325
Pepsi-Cola Company, 111 Westchester Avenue, White Plains, NY 10604.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY INSTAGRAM, PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc.