Green Label Gallery Long Beach Official Contest Rules 06/27/16

GREEN LABEL GALLERY CONTEST – LONG BEACH DEW ®

Official Rules

1. Contest Period: The Dew ® Green Label Gallery contest (the “Contest”) starts June 29, 2016 at 9:00 a.m. ET and ends July 13, 2016 at 11:59 p.m. ET (the “Contest Period”).  The computer clock of Instagram is the official timekeeping device of the Contest.

2. Eligibility: Open only to legal residents of the 48 Continental United States (AK and HI are excluded) or the District of Columbia who are 18 years of age or older at time of entry (19 in AL and NE). The following individuals are not eligible: Employees, contractors, directors and officers of Pepsi Beverages Company, The Enthusiasts Network, Pepsi-Cola Company, its bottlers and each of their respective parents, subsidiaries and affiliated companies, distributors, Web design, advertising, fulfillment, insurance agencies, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and those living in the same households of each such employee, contractor, director or officer.

3. How it Works: The Green Label Gallery is a competition in which a local artist Michael Hsiung (the “Curator”) will select up to 20 pieces of artwork submitted by consumers through Instagram using the hashtag #GLGLongBeach and #Contest (each piece of artwork, a “Submission”). If you are not a registered account holder of an Instagram account, please visit http://www.Instagram.com to register for an account. Registration for and use of Instagram is subject to Instagram’s terms and conditions and Pepsi-Cola Company (“Sponsor”) has no responsibility with respect to such registration or use or enforcement of such terms and conditions.

Submissions that have been chosen by each Curator will be exhibited at the Mtn Dew on-site activation booth during the Dew Tour in Long Beach, CA July 22 – 24, 2016 (“Event”):

Following the Event, the Curator will choose one artist to win the “Curator’s Choice Award”.

Post your original Submission on Instagram and use #GLGLongBeach and #Contest during the Contest

By submitting a Submission for the Contest, the person submitting such Submission (the “Participant”) hereby acknowledges and agrees that Participant hereby grants to Organizer the unconditional and irrevocable right to copy, reproduce, display use, and publish such Submission either alone or accompanied by other materials, in any manner and in any media (including, television, internet and on various social media platforms) in whole or in part, in edited, modified or altered format, at any time hereafter for any purpose whatsoever, including without limitation, for advertising, trade and marketing purposes all without prior examination or approval by the Participant submitting, including any written copy that may be created in connection therewith. The grant of rights includes, but is not limited to;

  • Sponsor shall be permitted to exhibit all received Submissions during the Green Label Gallery display in all markets and to display and/or publish the Submissions on http://www.mountaindew.com (the “Website”) citing credits.
  • Sponsor shall be permitted to use all Submissions during any future Green Label Gallery events worldwide and in any medium known or hereafter known.
  • Sponsor shall also be permitted to post all received Submissions on any official Mountain Dew social media and/or other online channels or platforms.
  • That Participant hereby grants to Sponsor the unconditional and irrevocable right to copy, reproduce, display use, and publish such Submission either alone or accompanied by other materials, in any manner and in any media (including, television, internet and on various social media platforms) in whole or in part, in edited, modified or altered format, at any time hereafter for any purpose whatsoever, including without limitation, for advertising, trade and marketing purposes all without prior examination or approval by the Participant submitting, including anywritten copy that may be created in connection therewith.
  • Entrants understand that they do not have any right to compensation to or compensation in connection with the above granted rights. Participant hereby releases and discharges Sponsor from any and all claims and liability related to said Submission as agreed to in these Terms & Conditions, including, without limitation, any claims based on libel, the right of publicity, the right of privacy or the commercial appropriation or use of name or likeness.

Submission must remain on your Instagram account throughout the Contest Period. If you delete If you delete your Submission during the Contest Period, you may lose your eligibility to be chosen the Curator.

Each Submission must be your original work; it must not infringe any third party’s intellectual property or other rights; it must be suitable for display (i.e., may not be obscene or indecent, including but not limited to nudity or profanity); it must not contain obscene or pornographic material; it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); it must not include threats to any person, place, business, group or world peace; it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations.

Each Submission must not feature or reference any commercial products and/or company trademarks, logos, brands or endorsements except that Submission may contain Mtn Dew logos.

Each Submission must not feature or infringe any third-party intellectual property rights or other rights.

Each Submission must not contain any copyrighted works.

All Submissions will be reviewed for content as described above; however, such review does not relieve Participant from responsibility for compliance with these Terms and Conditions. Submissions that do not comply with these Terms and Conditions or that otherwise contain prohibited or inappropriate content as determined by the Sponsor, in their sole discretion, will be disqualified and will not be considered for inclusion. Sponsor makes the final determination as to which Submission are eligible to take part in this Contest. The Curator makes the determination as to which submissions are eligible to take part in the Green Label Gallery for each market.

In the event that a Participant Submission is selected for inclusion by the Curator:

The selected Entrants (“Artists”) will receive a comment below their Submission with a message

Sponsor shall have the right to print all Submissions during the Green Label Gallery display in all

Artists understand that they do not have any right to compensation to or compensation in

Artist hereby releases and discharges Sponsor from any and all claims and liability related to said that they have been selected. The Artist will be asked to follow the @GLGLongBeach Instagram account and to resend the Submission via a direct Instagram message to the Sponsor.

Artists agree that Sponsor shall be permitted to modify and/or re-size the submitted artwork,

Artists hereby acknowledge and agree (i) that the Submission may be displayed on site at the connection with the above granted rights.

Submission as agreed to in these Terms & Conditions, including, without limitation, any claims based on libel, the right of publicity, the right of privacy or the commercial appropriation or use of including as necessary to print such artwork

Artists hereby acknowledge and agree (i) that the Submission may be displayed on site at the Events, (ii) that Sponsor, and/or their designees may, in their sole discretion, televise, videotape, take photographs, write about or otherwise record the Event, including your Submission as displayed at the Events (collectively, the “Event Footage”) and (iii) that Sponsor, and any of their designees shall have the worldwide right in perpetuity to use and exploit all or any part of the Event Footage (including your submission as depicted in the Event Footage), in any format or version, by any means and in any media, whether or not used therein, whether now known or hereafter developed, without compensation to you.

The Artist will be asked to provide a personal email address for further communication. You may receive up to three (3) e-mails or text messages.  Standard text/data rates apply. Use of the #GLGLongBeach and #Contest constitutes your unconditional acceptance of these Terms and

Conditions. Limit one (1) submission per person/Instagram ID per day during the Contest Period. A day shall be defined as 12:00 a.m. ET to 11:59 p.m. ET, except for the first day which shall begin at 9:00 a.m. ET and end at 11:59 p.m. ET. All Submission become the property of Sponsor and will not be returned to entrant.

From time to time, Sponsor may, in its sole and absolute discretion, choose to feature certain Submissions on the Website, on any other Sponsor social media website, and/or in advertising materials.  Being featured on the Website, on any other Sponsor social media website, and/or in advertising materials in no way impacts the likelihood of Participant becoming a featured Artist.

4. Selection of Winner: One (1) potential winning Submission will be selected by the Curator who will evaluate eligible Submissions based on the Judging Criteria set forth below. In the event of a tie, the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in

Judging Criteria (“Judging Criteria”) is as follows:

  • Originality and Creativity – 50%
  • Relevance to the skate Community – 20%
  • Captures the Mtn Dew spirit – 30%

Potential winner is subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of release forms (described below). If attempted notification is returned as undeliverable or if a potential winner cannot be verified, the potential winner’s status will be forfeited and may be awarded to an alternate, in Sponsor’s discretion. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and If the actual, alleged or publicized conduct of any Entrant is illegal or, if any Entrant has been charged with or convicted of a crime, or in Sponsor’s sole discretion is otherwise grossly offensive or violates generally accepted standards of behavior (including, but not limited to, illicit drug use or public intoxication) or otherwise leads the Sponsor to believe or conclude that the public association with the Entrant subjects Sponsor toridicule, contempt, controversy, embarrassment or scandal, Sponsor, in its sole discretion, may disqualify Entrant and their Submission will no longer be eligible for this Contest.

5. Prize: One (1) Grand Prize will be awarded, consisting of a check in the amount of one thousand dollars ($1,000). Actual value of the Prize $1,000. The winning Submission and the Artist will be profiled on Winner acknowledges and agrees that Sponsor shall have sole discretion to determine if and whether the Submission is used publicly. Winner irrevocably grants to Sponsor and its agents the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify such Submission in any way, in any and all media, for any purpose, without limitation, and without consideration to you. The Submission and/or Contest is not intended to interfere with or substitute for winner’s current employment or educational obligations or opportunities and is not to be construed as an offer of employment by either Sponsor or their agents. Submission is subject to Grand Prize Winner entering into and complying with the terms of a consulting contract, which will include but not be limited to Winner agreeing that the relationship is a work-for-hire relationship and agrees to irrevocably assign and transfer to the Sponsor any and all rights, title, goodwill and interest in and to any work created by Winner in the Submission, including, without limitation, all copyrights, and waive all moral rights in such work as well as agreeing to a background check of winner.

6. Winner Notification: Potential winner will be notified by phone and/or email within seven (7) days of the end of the Contest Period and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release. Upon receipt of affidavit, winner will receive assignment to Submission for Sponsor. Prize will be forfeited and an alternate winner may be selected if any required documents are not returned within the required number of days or if any mail is returned as undeliverable without forwarding address. Sponsor reserves the right, to require a potential winner 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 Contest will not bring Sponsors into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor, in its sole discretion.

7. General Conditions: Normal Internet access and usage charges imposed by your Internet serviceprovider will apply. Standard text messaging rates apply if you opt-in to receive messages via a mobile device.  The Participant is the one (1) person who is the authorized account holder of the Instagram account used to participate in the Contest.  Should multiple users of the same Instagram account participate in the Contest and a dispute thereafter arise regarding the identity of the Participant, the authorized account holder of said account at the time of entry will be considered the Participant.  “Authorized account holder” is defined as the natural person who is assigned the primary e-mail address used to register for the Instagram account by an Internet access provider, on-line service provider or other organization which is responsible for assigning e- mail addresses or the domain associated with the submitted e-mail address.  These Terms and Conditions are accessible from the Website throughout the Contest Period. Any information collected shall be in accordance with the Pepsi-Cola Company’s Privacy policy available at http://www.pepsi.com/privacypolicy.php. All Entrants must have a valid e-mail address. Winner is solely responsible for any taxes on the prize, and will receive an IRS Form 1099 for the value of their prize. If a prize cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest 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 Contest, Sponsor reserves the right, at their sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at their sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor or Contest-related Web Site; (b) violating the Official Rules; (c) violating the Web Site terms of service, conditions of use and/or applicable general rules or guidelines; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. This Contest is offered only in the United States and is governed by the laws of the State of New York. All claims relating in any manner to this Contest or to any Submission must be resolved in the federal or state courts located in New York, New York.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Any waiver of any obligation hereunder by Sponsors does not constitute a general waiver of any obligation to Entrants. By accepting a prize, winner agrees, and agrees in writing if requested, that the Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner agrees to irrevocably assign and transfer to Sponsor all of his/her right, title and interest in and to his/her Submission, if any, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Submission.

Sponsor reserves the right to alter, change or modify winning Submission, in their sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be 4 solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

8. Limits of Liability and Release: No liability or responsibility is assumed by the Sponsor or Contest Parties resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non- human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Sponsor and

Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk.

The Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases Sponsor, Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsor and the Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto.

Sponsor and the, Contest Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure”)

9. Winner’s List: For the name of the winner or Official Rules, send your request with a self-addressed, stamped envelope to be received by July 31, 2016 to: 110 W Canal St, STE 101, Winooski, VT 05404.

10. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York 10577.

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Instagram.

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