Terms & Conditions

                                          # MTN DEW® DEW® NATION HQ PROGRAM TERMS

These MTN DEW DEW Nation HQ (“Program”) terms and conditions (“Program Terms”) are between Pepsi-Cola Company, (“Sponsor”) and registered members of the DEW Nation HQ Program (“Participants”). This Agreement enters into effect as of the date Participants accept the Agreement (“Effective Date”).

ELIGIBILITY. This Program is open to Participants who are 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. This Program is not open to: (1) employees or internally contracted vendors of the Sponsor or its parent/subsidiaries, agents or affiliates; (2) the immediate family members or members of the same household of any such employee or vendor; (3) anyone professionally involved in the development or administration of this Program; (4) employees or internally contracted vendors of governments and government-affiliated companies or organizations; or (5) any employee whose employer's guidelines or regulations do not allow entry in the Program or acceptance of the prize(s). This Program is void where prohibited or restricted by law.
HOW TO PARTICIPATE. To participate in the Program, visit [https://dewnationhq.mountaindew.com/users/sign_in] accurately and truthfully complete the online registration form, agree to the Program Terms, and follow the other instructions at the website listed above.
REWARDS. Subject to the Program Terms, and once confirmed by the Sponsor, Participants will be able to accrue “points” that can be redeemed for reward(s). Rewards will be featured at various price points and in limited quantities.

The approximate retail values of rewards are subject to change based on current market conditions at the time of reward redemption. Participants are not entitled to any surplus between actual retail value (ARV) of a reward and stated ARV and any difference between stated ARV and actual value of the reward will not be awarded. 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 applicable, rewards may be fulfilled in the form of voucher(s), coupon(s) and/or gift card(s) in Sponsor’s sole discretion. If a Participant is unable to participate in or accept a reward or any portion of a reward for any reason, Sponsorshall have no further obligation to such Participant. Sponsor will not replace any lost or stolen rewards after redemption by Participants. In no event will Sponsor be responsible for fulfilling more than the stated number of rewards. Participants 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 Participants for any changes made to reward type or availability.

CONDITIONS. This Program is subject to applicable federal, state and local laws. By participating in the Program, Participants agree: (a) to be bound by these Program Terms and the decisions of the Sponsor , which shall be final and binding; and (b) to waive any right to claim ambiguity in the Program Terms, except where prohibited by law. Taxes, if any, are the sole responsibility of the Participants; and Participants may be issued an IRS Form 1099 or other tax documentation for the ARV of any redeemed reward. By participating in the Program, all Participants agree to release and hold harmless Sponsor and its directors, employees, officers, licensees, licensors and agents, and respective advertising and Program entities and any person or entity associated with the administration of the Program (collectively, the “Released Parties”), from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and damage to property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of a reward, or their participation in the Program, or their participation in any Program or reward related activity. Each Participant acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any reward or the Program. Apart from manufacturer warranties (which may not be available in all geographies), all warranties are hereby disclaimed; and each Participant will accept the reward “AS IS.” All costs and expenses, including support services, not specifically listed above as part of the reward, are solely the Participant’s responsibility.

None of the Released Parties are responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable submissions due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or submissions; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Program; (d) unauthorized human and/or mechanical intervention in any part of the submission process or the Program; or (e) technical or human error which may occur in the administration of the Program or the processing of submissions.

Use of any automated entry device or software is prohibited. Creation or use of multiple accounts for registration or participation in the Program is prohibited. To the extent the Program uses or requires functionality of any third party website (e.g., social media sites or platforms that enable broad communications, collaboration and/or posting of videos), you understand that the Program is not sponsored by such third parties, and further agree to follow the policies on such website(s), as applicable. Sponsor reserves the right to disqualify any Participant it finds to be tampering with the reward process or the operation of the Program or violating these terms and conditions, and reserves the right to cancel the Program should it suspect fraud or for reasons out of the control of the Sponsor. Disputes regarding these terms and conditions and/or this Program will be governed by the internal laws of New York. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF SUCH PERSON FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

All Participants are solely responsible for compliance with any applicable laws, rules and regulations, contractual limitations and/or office or company policies, if any, regarding Participant's participation in the Program or redemption and acceptance of Program rewards. All Participants are additionally responsible for compliance with any and all Community Guidelines set forward as part of the Program, pertaining to acceptable content, language and behavior for participation. By participating in this Program, Participant confirms that he or she is not in violation of any of the foregoing and has obtained the consent of his or her employer to participate, if applicable. If a Participant is not permitted to accept any redeemed reward, then the Participant may return such prize to the Sponsor; and Sponsorwill refund the cost of shipment, as appropriate.

Subject to applicable law, Sponsor reserves the right, in its discretion, to (a) cancel, terminate, modify or suspend this Program and these Program Terms, for any reason, at any time and without any liability, and (b) limit or restrict participation in the Program, upon notice.

PUBLICITY. Participants 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 Participants as part of that publicity, without additional compensation to the potential Participants. Participants 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.
COMPUTER, INTERNET, AND PROGRAM ADMINISTRATION. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Program, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program. If the Program is cancelled for any reason, notice will be posted on the Program website and the rewards may, in Sponsor’s discretion, be awarded to eligible Participants.
PRIVACY. Any personal information collected by Sponsor will be used for the administration of the Program and in accordance with Sponsor’s privacy policy. Any questions regarding privacy matters should be directed to the address set out below. Please refer to Sponsor’s privacy policy located at https://policy.mountaindew.com/privacy.htm for important information regarding the collection, use and disclosure of personal information by Sponsor.
CONFIDENTIAL INFORMATION. In connection with the Program, Participants may receive proprietary Sponsor information. Participants shall hold confidential and shall not use or permit others to use any proprietary information identified as such in writing or orally by Sponsor or information which the Participant knows or has reason to know is confidential, proprietary or trade secret information of the Sponsor.
FORCE MAJEURE. Sponsor shall not be liable for any delay or failure in performance whatsoever due to Acts of God, earthquakes, shortages of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics, pandemics and similar occurrences. The obligations and rights of Sponsor shall be extended on a day-to-day basis for a period of time equivalent to the period of the delay.
1. SEVERABILITY. In the event that any term of these Program Terms becomes or is declared illegal by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from these Program Termst. All remaining terms of these Program Terms t shall remain in full force and effect.
SURVIVAL. Sections 3, 4, 6, 8, 10 and any rights and obligations which by their nature should survive termination or expiration, shall survive the termination or expiration of these Program Terms.

MTN DEW® 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

You should assume that all materials, designs, text and image (collectively, the “Materials”) contained in the Site are either the copyrighted property of Pepsi-Cola Company, unless otherwise noted, or are the copyrighted property of third parties. Pepsi-Cola neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Pepsi-Cola.
You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter, or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including without limitation the test, images, audio and video.
Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Pepsi-Cola and/or third parties, including without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
While Pepsi-Cola uses reasonable efforts to include accurate and up to date information in the Site, Pepsi-Cola makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including without limitation typographical errors and technical errors) in the content of the Site.
Information in the Site is subject to change without notice. Information regarding Pepsi-Cola’s products and services is and is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. Pepsi-Cola makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
Use of and browsing in the Site is done at user’s own risk. Neither Pepsi-Cola nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text images, video, or audio from the Site, including without limitation damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
From time to time, Pepsi-Cola may ask that you transmit to the Site by email your feedback on Pepsi-Cola’s products and/or services, or other digital images. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Pepsi-Cola, (b) become the property of Pepsi-Cola and Pepsi-Cola shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Pepsi-Cola or its bottlers, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Pepsi-Cola shall be under no obligation to respond to any such communication.
Notwithstanding the foregoing, Pepsi-Cola maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Submissions”), and therefore, you should not make any Submissions to Pepsi-Cola in any communications through this Site otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Pepsi-Cola and Pepsi-Cola shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Pepsi-Cola shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Pepsi-Cola shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Pepsi-Cola uses or activities.
The Trademarks displayed on the Site are registered and unregistered Trademarks of PepsiCo, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, Pepsi-Cola will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
This Site may link to other sites not maintained by or related to Pepsi-Cola. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Pepsi-Cola. Pepsi-Cola has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
In the event that Pepsi-Cola may, from time to time, allow for discussions, chats, postings, transmissions, bulleting board, and the like on the Site, Pepsi-Cola is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Pepsi-Cola will fully cooperate with any law enforcement authorities or court order requesting or directing Pepsi-Cola to disclose the identity of anyone posting any such information or materials.
Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Pepsi-Cola maintains and operates this Site from its offices in the state of New York, United States. These Terms and Conditions are governed and interpreted under the laws of the state of New York, United States of America. If any portion of these terms and conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.
These Terms and Conditions set forth the entire understanding and agreement between you and Pepsi-Cola with respect to the Site. You acknowledge that any other agreements between you and Pepsi-Cola with respect to the Site are superseded and of no force or effect.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.