NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. The Pure Leaf Royal TEA Sweepstakes (the “Sweepstakes”) is a game of chance. The computer clock of the Sponsor (defined below) is the official time-keeping device in the Sweepstakes.
THIS SWEEPSTAKES IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM NOR TWITTER.
The Sweepstakes is open only to legal residents of the fifty (50) United States or the District of Columbia who are 18 years of age (19 in AL or NE) or older at time of entry who had a baby born on the same day as the Duchess of Sussex. Void where prohibited by law. Employees of Pepsi/Lipton Tea Partnership, PepsiCo, Inc., Pepsi-Cola Company, its bottlers, and Track Marketing Group, LLC, or any of their respective parents, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator
Sponsor: Pepsi/Lipton Tea Partnership, 1111 Westchester Avenue, White Plains, NY 10694.
Administrator: Track Marketing Group, LLC, 115 W. 30th Street Suite 405, New York, NY 10001.
3. Sweepstakes Period
The Sweepstakes begins on March 29 , 2019 at 12:00AM Eastern Time (“ET”) and ends on June 15, 2019 at 11:59PM ET (the “Sweepstakes Period”). Within the Sweepstakes Period entries will only be accepted on the day the Duchess of Sussex has her baby and for the next seven (7) consecutive days (the “Submission Period”). The end of the Submission Period will be at 11:59PM ET. To enter you must have given birth to a baby born on the same date as the Duchess of Sussex. The entry can be submitted by the mother, father or legal guardian of a baby that was born on the same date as the Duchess of Sussex’ baby. Administrator’s computer is the official timekeeping device for the Sweepstakes. All times are based on ET.
4. How to Enter
There are two ways to enter:
- Enter through Instagram. During the Submission Period: 1) snap a photo of the newborn baby, the new family or a baby-related accessory (the “Photo”); and 2) upload the Photo on Instagram with the hashtags #PureLeafRoyalTEABaby and #Sweepstakes in the post. You must follow @PureLeaf on Instagram at the time of entry and until winners are finalized.
- Enter through Twitter. During the Submission Period upload the Photo on Twitter with the hashtags #PureLeafRoyalTEABaby and #Sweepstakes in the post. You must follow @PureLeaf on Twitter at the time of entry and until winners are finalized.
Photos submitted via Instagram and Twitter are collective referred to as “Submissions”.
Special Considerations for Twitter Entries: You must have your Twitter profile settings as PUBLIC (not protected) to enter your Photo. To participate in the Sweepstakes, if you do not already have a Twitter account, download the free Twitter application (compatible with iPhone, iPad and Android) and create an account as instructed. Getting a Twitter account is free. Photo must comply with Twitter’s Terms of Service, which can be found at https://twitter.com/en/tos#update. Limit of one (1) entry per person and per Twitter account. Use of multiple Twitter accounts to enter by the same individual is prohibited and may result in disqualification. Photos will be deemed to have been submitted by the authorized account holder of the Twitter account from which the Photo is uploaded at the time of the entry, as identified by Twitter.
Limit one (1) entry per person for the Sweepstakes regardless of method of entry. Entrants may not share an Instagram or Twitter account. You may only use one (1) Instagram or Twitter account to participate in the Sweepstakes. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. By entering this Sweepstakes, entrants agree to these Official Rules and the decisions of the Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes.
5. Submission Requirements
- Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Is sexually explicit; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Appears to duplicate any other submitted contest entries;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
- Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- Contains any individual other than the entrant and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to sponsor;
- Contains look-alikes of celebrities or other public or private figures, living or dead;
- Communicates messages or images inconsistent with the positive images and/or good will to which sponsor wishes to associate; and/or
- Violates any law.
Submissions must meet the requirements stated above. Sponsor reserves the right to reject any Submissions submitted in connection with the Sweepstakes for any reason.
6. Rights in Submissions
By uploading any Submission for this Sweepstakes, each entrant hereby grants to the Sponsor the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised. Each entrant authorizes the Sponsor, and any entities affiliated or in privity with the Sponsor, to utilize, for eternity and in any manner the Sponsor sees fit, and to make derivative works of such materials. Each entrant agrees that the results and proceeds of such use shall become the property of the Sponsor and shall be freely assignable by the Sponsor, and that the Sponsor and its assignees and licensees shall have no obligations whatsoever to entrant. Each entrant agrees and acknowledges that participation in the Sweepstakes shall not give rise to any confidential, fiduciary, implied-in-fact, implied in law, or other special relationship between the Sponsor and entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements to the entrant’s Submission, and that only contracts, express or implied, between the Sponsor and entrant is as set forth in these Official Rules and the release forms. Sponsor might ‘Like’ or ‘Favorite’ a Submission and doing so does not increase chances of winning.
7. Sweepstakes Winner Selections
On or about two (2) days after the conclusion of Submission Period, Administrator will select up to ten (10) entries for the grand prize and up to fifty (50) entries for the second prize described below in a random drawing of all eligible entries received. Odds of winning depend on the number of eligible entries received within the Submission Period. POTENTIAL WINNER WHO ENTERED VIA INSTAGRAM WILL BE NOTIFIED BY DIRECT MESSAGE ON INSTAGRAM FROM @PURELEAF AND WILL BE REQUIRED TO RESPOND WITHIN 48 HOURS OF NOTIFICATION VIA EMAIL. POTENTIAL WINNER WHO ENTERED VIA TWITTER WILL BE NOTIFIED BY DIRECT MESSAGE ON TWITTER FROM @PURELEAF AND WILL BE REQUIRED TO RESPOND WITHIN 48 HOURS OF NOTIFICATION VIA EMAIL. Potential winner must follow the initial prize claim instructions and any subsequent claim instructions, or the prize will be forfeited in its entirety. It is recommended that you confirm your Instagram and/or Twitter notification settings are turned on. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner is final and binding in all matters related to the Sweepstakes. Failure to respond to an initial notification within 48 hours will result in disqualification. Limit of one (1) prize per person.
7. Verification of Potential Sweepstakes Winners
POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. This will include but is not limited to providing evidence that objectively demonstrates the potential winner had a baby born on the same date as the Duchess of Sussex’ baby. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners will be required to provide evidence that objectively demonstrates that he or she had a baby born on the same day as the Duchess of Sussex. The potential winners may be required to sign and return to Administrator, within five (5) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner is disqualified for any reason, Sponsor may award the prize to an alternate winner by random drawing from among all remaining eligible entries.
- One (1) grand prize will be awarded. Grand prize winner will receive ten thousand dollars ($10,000) and a family photo session by famed photographer Yaron Leshem or his designated associate (subject to limitations below). Approximate retail value each grand prize is $12,000.
- Up to nine (9) first prizes will be awarded. Each first prize winner will receive a family photo session by famed photographer Yaron Leshem or his designated associate. The family photo session will include hibiscus-inspired accessories for family members to wear. During the photo shoot the parent(s) and/or legal guardian will be solely responsible for any minors who are present during the photo shoot. There will also be a custom hibiscus background for photos to be taken in front. Each grand prize winner will receive one (1) 11 x 14 framed print from the photo session. The photo session will occur in the winner’s hometown. Selection of the photo and the frame is at Sponsor’s sole discretion. The framed family photo will be sent to the winner 8-12 weeks from the shoot. Over time, color dyes in the photograph may fade or discolor due to the inherent qualities of dyes, therefore Sponsor shall not have any liability whatsoever based upon fading or discoloration due to such inherent qualities. The Sponsor in its sole discretion will determine the date of the photo session that will occur within thirty (30) days after the end of the Submission Period. If winner is unable to have the photo session on the date stated by the Sponsor the prize will be forfeited and no other compensation will be provided. Approximate retail value of each first prize is $2,000.
- Up to fifty (50) second prizes will be awarded. Each second prize winner will receive a one hundred dollar ($100) shutterfly.com gift card. Approximate retail value of each second prize is $100.
For all Prizes: No warranty or guarantee will be given by Sponsor with respect to the prize. Any and all guarantees and warranties are subject to the manufacturers or service provider’s terms and conditions, and the winner agrees to look solely to such entity for any such warranty or guarantee claim. Prize is non-transferable. No substitution, cash redemption, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state and local taxes, if any, related to a prize are the responsibility of the individual winner. Total retail value of all prizes available to be won is $35,000.
9. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and Administrator which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sponsor, PepsiCo, Inc., Pepsi-Cola Company, its bottlers, Administrator, Yaron Leshem, Leshem Loft LLC and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor and its agents use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions
Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor or Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in their sole discretion. Sponsor or Administrator reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize or any injury or damage to person or real property that may occur at or around the time of the photo shoot. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the South District of New York or the appropriate New York State Court located in Westchester County, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Sweepstakes, 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
15. Winners List
For the Winners List, email your request to PureLeafRoyalTea@trackmarketing.net. Requests for the winner list must be received by November 1, 2019. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THIS EMAIL ADDRESS.