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Terms & Conditions


MTN DEW® DEW® NATION HQ PROGRAM (“PROGRAM”) TERMS OF USE

DEW Nation HQ is a platform for DEW fans to nurture and deepen their love and passion for all things DEW®, and to share that passion with their fellow DEW® Nation members.

1) Acceptance of Terms

Pepsi-Cola Company (the “Sponsor”) operates a website (the “Website”) that allows individuals who have registered at the Website (collectively, “Members”) to communicate with the Company about the Company’s products and services. These Program Terms are a legal agreement (the "Agreement") between you and the Company governing your access to and use of the Website. The Website is offered to you conditioned upon your acceptance, without modification, of this Agreement. Your use of the Website constitutes your acceptance of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICE. You represent that (a) you have attained the age of majority in the state in which you reside, and (b) any information that you submit is correct. Company reserves the right to change the terms, conditions, and notices under which it offers the Website at any time and without notice, and such modifications will be deemed effective immediately upon posting or other provision to you of the modified terms. You are responsible for regularly reviewing this Agreement and any changes made to this Agreement. You can review the most current version of this Agreement at any time at: https://dewnationhq.mountaindew.com/terms_and_conditions. If you do not agree to any terms of this Agreement, or any future changes made by Company, your sole and exclusive remedy is to stop using the Website. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Website will be subject to this Agreement. This Agreement enters into effect as of the date Members accept the Agreement (“Effective Date”).

2) Eligibility

This Program is open to legal residents of the United States and District of Columbia who are age 18 years or older (19 in NE and AL) at the time of registration. Employees of Sponsor and its bottlers, PepsiCo, Inc., each of their respective parent, subsidiary and affiliated companies, distributors, retailers, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Program (collectively, the “Promotion Parties”) and the immediate family members (parent, child, sibling, and spouse of each) or persons living in the same household as such individuals (whether related or not) are not eligible to participate in the Program. This Program is void where prohibited or restricted by law.

3) License; General Prohibitions Regarding Your Use of the Website

Company grants you a personal, limited, non-transferable and non-exclusive right and license to use the Website on a single computer. Your right to use the Website is personal to you only. Company reserves the right, at any time, in its sole and absolute discretion, to modify, or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice, and in such event, the Agreement will continue in full force and effect. Company reserves the right to cancel, suspend or refuse access to the Website to anyone in its sole and absolute discretion. You will not use the Website in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or for any commercial purpose. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on the Website in whole or in part, or any Content (as defined below) contained therein.

4) Member Registration

To become a Member of the Website, you must provide specific registration information, including your e-mail address, phone number, date of birth and physical address, and create a user profile that includes your personal preferences. Company will use your e-mail address to send you reminders of upcoming activities and sessions on the Website, as well as information pertaining to your rewards redemption. If you do not wish to receive Program e-mail correspondence, you need to log into the Website and change your e-mail options in the “Notifications” Tab of the Profile Page. As part of the registration process, you will select an email address, username and password for your account (“Account”). You may not (a) select or use the email address or username of another person with the intent to impersonate that person; (b) use an email address or username subject to the rights of any other person without authorization; or (c) use an email address or user name that Company, in its sole discretion, deems inappropriate or offensive. You agree to (x) provide true, accurate, current and complete information as prompted by the Website's registration process (collectively, the "Registration Data") and (y) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You will always maintain a valid email address.
If you are a member of the Website residing in the forty-eight (48) contiguous United States, you are entitled to free UPS Ground shipping on all DEW® Store Orders above $10 USD. Shipping can be accessed by visiting store.mountaindew.com/pages/login and entering your login information. If you reside in the contiguous United States, and your order is above $10 USD, Free Shipping will automatically be applied to your DEW® Store order at checkout.

5) Member Account, Password, and Security

You are solely responsible for maintaining the confidentiality of your email address, user name, password and Account and for any and all use of your Account by you or any people using the Website under your username and password. You agree to immediately notify Company of any unauthorized use of your Account or any other breach of security. Company will not be liable for any loss or damage arising from your failure to comply with this Section 5. Company is not obligated to identify or authenticate any Member who accesses the Website. Company is not responsible for identity theft or other misuse of your Registration Data.

6) Rewards

Subject to these Program Terms, and once confirmed by the Sponsor, Members will be able to accumulate “points” that can be redeemed for discount offers listed below (“Rewards”). Rewards will be featured at various price points.

All Rewards will be in the form of discount codes that are redeemable for merchandise on the DEW® Store or gift codes to Target, Walmart and Amazon.com. DEW® Store discount codes are single use, Discount Codes cannot be combined with another DEW® Store Discount Code redeemed through DEW® Nation HQ or any other Pepsi-Cola Company program.

All gift codes to Target, Walmart and Amazon.com are subject to retailer terms and conditions. For full gift card terms visit dewnationhq.mountaindew.com/rewards. Sponsor shall have no obligation or liability for any changes made to the Terms and Conditions of Target, Walmart or Amazon.com.

No substitution, assignment, transfer, or cash redemption of any reward is allowed. Sponsor reserves the right to substitute a reward with another reward of equal or greater value should the advertised reward become unavailable for any reason. If a Participant is unable to participate in or accept a reward or any portion of a reward for any reason, Sponsor shall have no further obligation to such Participant. Sponsor will not replace any lost or stolen rewards after redemption by Members. Members acknowledge and agree that rewards are available in limited quantities and reward type and availability are subject to change at Sponsor’s sole discretion. Sponsor shall have no obligation or liability to Members for any changes made to reward type or availability.

7) Term; Termination
This Agreement, and any revisions to this Agreement, shall remain in full force and effect while you are a Member on the Website. You may terminate your membership at any time, for any reason. You understand and agree that the termination of your membership is your sole right and remedy with respect to any dispute with Company. Company may terminate or suspend your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after a membership or this Website is terminated, this entire Agreement will remain in effect.

8) Member Content

8.1) All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (collectively, “Content”) posted by Members on the Website (collectively, "Member Content") are the sole responsibility of the Member from whom such Member Content originated. This means that you, and not Company, are entirely responsible for all Member Content that you upload, post, transmit or otherwise make available on the Website, including personally identifying information. When you post Member Content on the Website, your username will be visible to other Members and attached to the Member Content that you posted. Please be aware that if you post personal information online that is accessible to other Members, you may receive unsolicited messages from such Members. Company does not control the Member Content posted by you or other Members on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Member Content. By using the Website, you may be exposed to Member Content that is offensive, indecent, harmful, inaccurate, deceptive, or objectionable. Under no circumstances will Company be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, transmitted or otherwise made available on the Website. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content. In addition, except as provided in this Agreement, you may not copy, modify, translate, reproduce, publish, broadcast, transmit, distribute, perform, display, license, sell, or create derivative works from any Member Content or any other content appearing on or through the Website.

8.2) Company reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any Member Content for any reason in its sole discretion and without notice. Company assumes no responsibility for monitoring the Website for inappropriate Member Content or conduct. If at any time Company chooses, in its sole discretion, to monitor the Website, Company nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of any Member submitting Member Content.

8.3) Pursuant to Section 4, as between you and Company, Company will solely own all Registration Data and Member Content posted or provided on the Website. Without limiting the generality of the foregoing, Company may disclose and use Registration Data and Member Content in its sole and absolute discretion, subject to the Privacy Policy described in Section 8.

8.4) You may not post, upload, transmit or otherwise make available on the Website any Member Content that:

(a) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another member of DEW® Nation HQ or is abusive, vulgar, or profane;
(c) exploits people in a sexual or violent manner;
(d) contains nudity, sexually suggestive imagery, pornography, pedophilia, incest, bestiality, excessive violence, or offensive subject matter or contains a link to an adult website;
(e) solicits personal information from anyone under eighteen (18) years of age or otherwise harms minors in any way;
(f) publicly posts information that poses or creates a privacy or security risk to any person;
(g) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, "junk mail," "chain letters," instant messaging, "spimming," "spamming," or "pyramid schemes";
(j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone's privacy, or providing or creating computer viruses;
(l) solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
(m) involves commercial activities and/or sales without prior written consent from Company such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(n) includes any information, photograph, or video of another person that you have posted without that person's consent;
(o) is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(p) infringes or violates any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other rights of any third-party;
(q) you do not have a right to make available under any law or under contractual or fiduciary relationships; or
(r) contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Section 8.4, including without limitation, removing the offending Member Content from the Website and terminating or suspending a Member’s right to use the Website.

9) Member Conduct

You, and not Company, are responsible for compliance with all laws, regulations and ordinances in connection with your use of the Website. You agree not to engage in any of the following activities in connection with your use of the Website:
(a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(b) advertising to, or solicitation of, any Member to buy or sell any products or services;

(c) circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures, technology, or software that is part of the Website;
(d) activity that involves the use of software viruses, worms, spyware, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(e) any automated use of the Website;
(f) damaging, disabling, disrupting, overburdening, or impairing the Website or interfering with any other party's use and enjoyment of the Website;
(g) impersonating or attempting to impersonate another Member, person or entity;
(h) using the Account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
(i) using any information obtained from the Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(j) allow usage of the Website by others in such a way as to violate this Agreement;
(k) take any steps to interfere with or in any manner compromise any security measures employed by the Website;
(l) use the Website for fraudulent purposes;
(m) collect any information about other Members;
(n) sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the Website, your Account, or your password to any third-party;
(o) engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information from the Website; or
(p) attempt to decompile, reverse engineer, disassemble, modify, hack, or create derivative works from the Website or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Website.
Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Section 9, including without limitation, reporting a Member to law enforcement authorities and terminating or suspending a Member’s right to use the Website.

10) Publicity

Members acknowledge and agree that Sponsor may use the Program for publicity, advertising or other marketing purposes in any media, and may use the name, likeness, state of residence and/or reward information of potential Members as part of that publicity, without additional compensation to the potential Members. Members also acknowledge that content submitted through the Program may be leveraged for publicity, advertising or other marketing purposes in any media, without additional compensation to the potential participants.

11) Company Content & Company Proprietary Rights

The Website contains trademarks, logos, information, data, images, graphics, artwork, text, photographs, video, music, messages and, advertising or other materials provided by Company (collectively, "Company Content"). Company owns and shall at all times retain all right, title and interest in and to the Company Content (including any intellectual property rights). You may not copy, modify, translate, reproduce, publish, broadcast, transmit, distribute, perform, display, license, sell or create derivative works from any Company Content or incorporate any Company Content into any other work, including your own website or social networking pages or use the Company Content in any public or commercial manner.

12) Website Content

The Website may contain information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, links to web sites, or other materials (collectively, "Website Content") provided by third parties (collectively, “Content Suppliers”). Company is not responsible or liable, directly or indirectly, for any Website Content or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Website Content. Company is under no obligation to pre-screen Website Content.

13) Proprietary Rights to Member Content

13.1) You represent, warrant, and promise that (a) you own the Member Content posted by you on the Website and (b) your posting or transmitting of Member Content on or through the Website does not, and will not, infringe, violate or misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights or any other rights of any person or entity.

13.2)You hereby grant, exclusively to Company, all rights of any kind in and to any Member Content posted or transmitted by you on or through the Website, including, without limitation, (a) all rights of contract, copyright, trademark, trade dress and all other rights, throughout the world; (b) the right to modify, publish, prepare derivative works from, and publicly display the Member Content, alone or as part of any other work, in any form, media, or technology, whether now known or hereafter developed; and (c) the exclusive right to license or otherwise transfer any or all such rights to any other party. All Member Content belongs solely to the Company. However, to the extent, if any, that any Member Content is not assignable, you automatically grant, and represent and warrant that you have the right to grant, to Company a worldwide, royalty-free, irrevocable, perpetual, fully-sublicensable, and non-exclusive right and license to use, host, reproduce, modify, adapt, publish, edit, translate, distribute, perform, combine with information provided by third-parties, create derivative work of and display such Member Content alone, or as a part of other works, in any form, media, or technology, whether now known or hereafter developed. Any such Member Content may be used by Company or licensed to others by Company for any purpose, including, without limitation, for reproduction, disclosure, transmission, publication, broadcast and posting. No compensation will be paid or due you with respect to Company's or its sublicensees’ use of the Member Content pursuant to this Section 13.

13.3)Company cannot guarantee that other Members will not use Content that you post on the Website for their own personal or commercial benefit. You should not post any Content on the Website that you would like to keep confidential or do not want others to see or use. COMPANY IS NOT RESPONSIBLE FOR ANY MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT POSTED BY YOU ON THE SERVICE.

14) Indemnification

You hereby agree to indemnify, defend and hold harmless Company, and Company’s suppliers (including Content Suppliers), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) relating to or arising out of (a) your use of the Website; (b) your breach of any representations, warranties or covenants in this Agreement; (c) any Member Content posted or transmitted by you on or through the Website; (d) your acts and omissions; and (e) your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with Company in such defense. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Company or any of Company’s suppliers (including Content suppliers), affiliates, partners, subsidiaries and employees.

15) Information for California Residents

Under California Civil Code Section 1789.3, Members located in California are entitled to the following consumer rights information: (a) The Website is provided by the Company located at 1111 Westchester Avenue, White Plains, NY 10604, Email: admin@dewnationhq.com (b) You may contact Company at the address in subsection (a) immediately above with complaints or to request additional information about the Website. Also, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

16) Reporting Potential Violations of the Terms of Use

If you believe that these Program Terms may have been violated, please report your concerns to the moderator at admin@dewnationhq.com.

17) DISCLAIMER OF WARRANTIES.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY AND COMPANY’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY AND COMPANY’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

18) LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY OR ANY OF COMPANY’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, EVEN IF COMPANY OR ANY OF COMPANY’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED $500.00. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

19) Independent Review

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

20) Notice

Statements, notices and other communications to you may be made by mail, email, postings within your Account or on the Website, or other reasonable means. You will be solely responsible for keeping your email and postal addresses updated on your Account. Company will not be responsible for any undelivered notices caused by your failure to update such information.

21) Choice of Law; Venue; Trial by Jury

This Agreement will be governed by, construed and enforced in accordance with the laws of the State of New York, without regard to its conflicts of law principles. You will bring any action to enforce this Agreement or in connection with any matters related to the Website only in either the state or Federal courts located in Westchester County, New York. You expressly consent to the exclusive jurisdiction of said courts and waive all venue, jurisdiction and choice of law challenges or defenses. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

22) No Injunctive Relief

You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including, without limitation, an injunction that would restrain the operation of the Website, the exploitation of any advertising or other materials on the Website, or the exploitation of the Website or any Content displayed on the Website.

23) General

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You will not assign this Agreement, by operation of law or otherwise, without prior written approval of Company, and any such attempted assignment will be void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement sets forth the entire understanding and agreement between Company and you with respect to the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Website. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. No party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

WEBSITE TERMS OF USE

Pepsi-Cola Company, a division of PepsiCo, Inc. (“Pepsi-Cola”) maintains this site (“the Site”) for your personal entertainment, information, education, and communication. Feel free to browse the Site, but please read these terms and conditions before doing so.

This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by PepsiCo, Inc. and used by Pepsi-Cola Company and its bottlers throughout the world (the “Trademarks”).

Your access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”). Pepsi-Cola may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which are bound.

By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these terms and conditions, then please do not use the Site.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:

TERMS AND CONDITIONS