Your Acceptance
A. By using and/or visting this website (collectively, including all Content available through the pepsiarabia.com domain name, the "Website"), you signify your agreement to these terms and conditions. If you do not agree to any of these terms, please do not use the Website.
B. PepsiCo may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Website
A. These Terms and Conditions apply to all users of the Website, particularly users who are uploading video content, information, and other materials or services on the Website in connection with the Pepsi Street Skills Competition 08 (the "Competition").
B. The Website may contain links to third party websites that are not owned or controlled by PepsiCo. PepsiCo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PepsiCo will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve PepsiCo from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions of each other website that you visit.
Accounts
A. In order to access some features of the Website, you will have to create an account (“Account”). You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
B. Although PepsiCo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PepsiCo or others due to such unauthorized use.
Release of Liability
Any participant (the “Participant”) desiring to enter in the Competition by uploading his/her video on the Website hereby irrevocably declares and undertake the following:
A. That he/she is at least 18 years old. If the Participant is less than 18 years of age at the time of the Competition the parent(s)/legal guardian(s) must approve Participant’s participation in the Competition and must assume sole responsibility for the Participant at all times.
B. Participant warrants that he/she is proficient in the Sport undertaken in connection with this event.
C. Participant warrants and represents that he/she is in good health and there are no special problems associated with the care of the Participant and the undersigned parent or guardian (if applicable) has left no special instructions regarding the Participant.
D. Participant accepts and understands that the Competition in its various forms is a HAZARDOUS sport that has many dangers and risks. It is further understood that sports are more HAZARDOUS than recreational sport. Participant realizes that injuries are common and ordinary occurrence of all sports. Participant agrees as a condition of being allowed to participate in the Competition that Participant freely accepts and voluntarily ASSUMES ALL RISKS OF PERSONAL INJURY OR DEATH or for property damage which results in any way from his/her participation in the Competition.
E. Participant hereby assumes all risks which may be associated with and/or result from his/her involvement in the Competition and hereby irrevocably releases and indemnifies PepsiCo and/or all its participating bottlers, their subsidiaries and affiliates, successors and assigns, their respective officers, directors, agents, servants, and employees, of and from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by the Participant while participating in the Competition.
Your Use of Content on the Site
The following restrictions and conditions apply specifically to your use of content on the Website.
A. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by PepsiCo, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of PepsiCo.
B. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
C You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Your User Submissions and Conduct
A. As a Participant, you will submit a video content ("Video"). You understand that whether or not such Video is published, PepsiCo does not guarantee any confidentiality with respect to any Video.
B. You shall be solely responsible for your own Video and for any and all damages, injuries and losses of whatever kind and nature incurred, directly or indirectly, while making your Video and also for the consequences of posting or publishing it. In connection with the Video, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize PepsiCo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Videos to enable inclusion and use of the Video in the manner contemplated by the Website and these Terms and Conditions.
C. For clarity, you retain all of your ownership rights in your Video. However, by submitting your Video to PepsiCo, you hereby grant PepsiCo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Video in connection with the Website and PepsiCo’s (and its bottlers’, successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Video through the Website, and to use, reproduce, distribute, display and perform such Video as permitted through the functionality of the Website and under these Terms and Conditions. The above licenses granted by you in are perpetual and irrevocable.
D. In connection with Videos, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PepsiCo all of the license rights granted herein.
E. PepsiCo does not endorse any Video or any opinion, recommendation, or advice expressed therein, and PepsiCo expressly disclaims any and all liability in connection with Video. PepsiCo does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PepsiCo will remove all Content and Videos and ban Participant from the Competition if properly notified that such Content or Videos infringes on another's intellectual property rights. PepsiCo reserves the right to remove Content and Videos without prior notice.
Competition Winner Declaration And Undertaking
In case your win the Competition as decided by PepsiCo, you will be offered a prize (the “Prize”) consisting of an opportunity to go to Europe for a special PEPSI Sponsored program and meeting with football stars (the “Meeting”). In consideratof the foregoing, you hereby declare and undertake the following:
A- That there may be significant time commitments required in connection with the Prize, including required travel to and time spent at the Meeting. Thus, you agree to be flexible and to strictly comply with the timing schedules provided by PepsiCo for the event Meeting and all other activities as decided by PepsiCo, and not to divert from any of said activities or events as scheduled by PepsiCo for any reason whatsoever. You also agree to submit all travel documents including your passport as per the deadline set by PepsiCo. You shall also provide any and all documents required for the securing of your visa(s) as requested by embassies and any other third parties and hereby agree and undertake to keep PepsiCo harmless from any claim or demand in case said visa(s) is/are refused for any reason whatsoever.
B- You agree that the Prize consists of economy round trip flights for you from your country of residence (“Home Country”) to the city(ies) where the Meeting is/are to take place, transportation expenses in relation to the Meeting and its related activities and events, return transfers from airport to hotel, shared hotel accommodation and meals. If the meeting is to take place in the Home Country, then transport shall be arranged by PepsiCo and the Prize shall not include airfares and the airfare component of the Prize is forfeited and shall not be redeemable for cash. You fully agree and understand that any additional spending money, meals, taxes, insurance, additional transfers not scheduled by PepsiCo, items of a personal nature (including but not limited to additional room charges such as pay per view movies, laundry, room service, telephone calls, personal purchases, gifts, personal leisure etc…), any upgrades or additional nights and all other ancillary costs are not included and shall be considered your personal responsibility.
C- You understand and acknowledge that it will be PepsiCo’s intention to advertise and promote the Competition in a healthy and wholesome fashion. Accordingly, you undertake to maintain the highest standards of professionalism and personal conduct in accordance with all applicable laws, values and morals in dealings with the public and during and in all activities. You shall accept and implement any reasonable instructions from PepsiCo in this regard.
D- You agree that your chance to benefit from the Prize including your attendance of the Meeting may be terminated immediately by PepsiCo (without any liability whatsoever) if you do not comply with your obligations as stated herein or for any reason or cause that PepsiCo discovers and which, according to PepsiCo’s sole discretion may, inter alia, negatively affect the image of PepsiCo. You further agree that PepsiCo reserves the right to disqualify you if it has reasonable grounds to believe that you have breached any of these terms and conditions or that you are not qualified for the Prize for reasons which, at all times, shall be subject to PepsiCo’s sole judgment and discretion. You recognize and agree that PepsiCo’s decision in this regard shall be final and binding and that you shall not object thereto for whatever reason.
E- You understand that PepsiCo retain sole and complete discretion whether to arrange the Meeting or to terminate your qualification for the Prize at any time and stage, prior to or after your selection as a winner. PepsiCo shall have no obligation or liability to you for not arranging the Meeting and/or any of its related activities and events.
F- You fully agree and understand that the Prize is non-transferable and that no cash alternative will be offered in case you do not wisunable to benefit from the Prize for any reason whatsoever, including the failure of securing visa(s), or in case you are disqualified by PepsiCo for any reason whatsoever, as decided by PepsiCo in its sole and absolute discretion.
G- You irrevocably consent to being filmed and photographed by PepsiCo or by any other third party.
H- You hereby irrevocably grant PepsiCo the right to use, broadcast, publish and display your name, voice and likeness and biographical data in connection with the Competition, Pepsi and the advertising and other exploitation thereof.
I- PepsiCo may use, broadcast, publish and display your name, voice, personality and likeness in connection with publications, byproducts, commercial tie-ins, merchandise, commodities and services of every kind relating in any way to the Competition, Pepsi or any part thereof, or to your role or engagement in connection with the Competition and/or the Meeting.
J- You agree and understand that the selection and editing of footage or still photographs to be used by PepsiCo pursuant to any publicity and promotion services provided by you in accordance with the Competition and/or the Meeting is within PepsiCo sole and absolute discretion.
K- You shall not have the right of prior approval of any use of you name, voice and/or likeness in connection with any such uses, including without limitation, merchandising and/or commercial uses. You fully agree that PepsiCo is under no obligation to you whatsoever in this regard. PepsiCo may choose not to use any of the rights granted herein.
L- From the date you are selected a winner and continuing for 6 months following the date of the Meeting, if and when requested by PepsiCo, you agree to be reasonably available (and shall follow all reasonable guidelines and restrictions provided by PepsiCo in connection with publicity and promotion services), for publicity interviews, publicity photograph sittings, still photographs, marketing activities, on-the-air and other publicity or similar activities.
M- You shall not at any time issue or authorize publicity or disclose any confidential information relating to PepsiCo to the press or media without PepsiCo’s written consent in each case. You hereby agree not to disparage PepsiCo, its mother company and any and all affiliates companies or subsidiaries, its officers and staff. Further, you agree not to say or do anything which brings PepsiCo, its mother company and any and all affiliates companies or subsidiaries, its officers and staff into public disrepute, contempt, scandal or ridicule or tends to shock, insult or offend the community or any sizable group or class thereof or reflects unfavorably upon PepsiCo reputation.
N- Any and all information disclosed to or obtained by you concerning or relating to the Meeting shall be strictly confidential. You hereby undertake not to disclose or cause to be disclosed to any third party any information to which you had or will have access or learn concerning the Meeting, except as required to fulfill your obligations as described herein or as required by law.
O- You hereby agree to release, indemnify and agree to hold PepsiCo, its mother company and any and all affiliates companies or subsidiaries, its officers and staff harmless from any and all claims (including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity or copyright) however caused, as a result of or in connection with (i) your appearance in the Meeting, including without limitation any travel, or other activities in which you shall participate in connection with the Meeting and/or the Competition, (ii) Any advertising or publicity issued in connection with the Meeting and (iii) Any taping, photography and/or recording at your home and/or room or living accommodation, regardless of whether or not you are present during such taping, photography and/or recording.
P- Furthermore, you hereby assume all responsibility for and in respect of any and all risk of injury or damage that may occur to you or to your personnel effects while benefiting from the Prize, including your trip to Europe and your attendance at the Meeting in addition to any other activity or events incident or related thereto. In consideration of PepsiCo availing you of this possibility, you hereby release and discharge PepsiCo, its mother company and any and all affiliates companies or subsidiaries, its officers and staff from all claims, demands, rights of causes of action, present or future, whether known, anticipated or unanticipated, and resulting from or arising out of, or incident to participating in the Meeting or incident to any and all activities related thereto.
Q- Furthermore, you hereby agree and undertake to protect, indemnify and hold PepsiCo, its mother company and any and all affiliates companies or subsidiaries harmless from any and all claims that may be lodged against it, its officers and staff by any party resulting from or arising out of, or incidental to the Prize, including your participation in the trip and attendance of the Meeting, or as a result of, or incidental to any and all activities or events related thereto, and to reimburse PepsiCo for any damages, costs, legal fees or any other expenses incurred in defending itself against or settling any claim in this respect.
Warranty Disclaimer and Indemnityt
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PEPSICO, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PEPSICO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE COMPETITION AND/OR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
IN NO EVENT SHALL PEPSICO, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR BOTTLERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE COMPETITION AND/OR YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PEPSICO SHALL NOT BE LIABLE FOR VIDEOS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PEPSICO, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND BOTTLERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO WEBSITE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT ONE OF YOUR VIDEOS CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND CONDITIONS AND YOUR USE OF THE WEBSITE.
Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PepsiCo without restriction.
Definition
Wherever appearing in these Terms and Conditions, PepsiCo shall mean PepsiCo Inc. and/or any of their subsidiaries and affiliates, successors and assigns, their respective officers, directors, agents, servants and employees.
General
These Terms and Conditions shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and PepsiCo that arises in whole or in part, directly or indirectly, from the Competition and/or the Website shall be decided exclusively by a court of competent jurisdiction located in New York. These Terms and Conditions, together with any other legal notices published by PepsiCo on the Website and/or on advertizing material related to the Competition, shall constitute the entire agreement between you and PepsiCo concerning your participation in the Competition and your use of the Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and PepsiCo's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. PepsiCo reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.