9. Promoter assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Competition; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Competition; (d) inaccessibility or unavailability of the Internet or the Site or any combination thereof; or (e) any injury or damage to Participant’s or to any other person's computer which may be related to or resulting from any attempt to participate in the Competition or download any materials in the Competition. If, for any reason, the Competition is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, then the Promoter reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition in whole or in part. The Promoter is not liable in the event that any portion of the Competition is cancelled due to weather, fire, strike, acts of war or terrorism, or other condition beyond their control.
10. The Promoter reserves the right to disqualify incomplete, altered or illegible entries. No responsibility will be accepted for entries lost, damaged or delayed. No responsibility will be taken for technical, telecommunication or website error, proof of entry is not proof of receipt.
11. Once the deadline for entries has passed, a number of finalist teams will be selected by a group of senior PepsiCo judges and invited to attend an event where the winning idea(s) and the winning team(s) will be announced.
12. At the date these Terms and Conditions are published there are no guaranteed prizes in this game. Any prize(s) to be won will be determined at the sole discretion of the Promoter before the Competition closes. Any personal prizes will be non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part. The decisions of the Promoter are final and no correspondence will be entered into.
13. Participants will not be entitled to any payment in return for their participation in this game and all intellectual property rights will belong to PepsiCo. Participants will promptly disclose to PepsiCo, in writing and in reasonable detail, any and all inventions, improvements, developments, technical information, skill and know-how, patentable or unpatentable, which they make, discover or develop in the course of, as a result of or in connection with this game (the "Subject Developments") and do hereby assign such works to PepsiCo or its designee as its sole and exclusive property throughout the world. Participants will, at PepsiCo’s request and cost, but without any consideration other than any Prize as referenced in paragraph 12 above, execute all documents and do all acts necessary or desirable to confirm in PepsiCo all right, title and interest in and to the Subject Developments and to enable PepsiCo to procure, enforce and maintain patents, copyrights and other applicable statutory protection on the Subject Developments throughout the world.
14. Participants grant Promoter and its related, affiliated and subsidiary companies an irrevocable assignment and transfer any and all rights, title and interest in the Submission, including, without limitation, all ideas, expression of ideas or intellectual property. The transfer of ownership will include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license any Submission, and all rights therein, in the name of Promoter and its related, affiliated and subsidiary companies throughout the world in perpetuity and in any media now or later known. Additionally, except where prohibited by law, each Participant grants (and agrees to confirm this grant in writing, if requested) permission for Promoter and those acting under their respective authority to use his/her name, photograph, biography, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
15. The names of the winners will be announced in the final newsletters and during the final event
17. Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the state of New York or the appropriate New York State Court (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Promoter in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of New York.
18. All participants assume all risk in registration and participation in this Competition. Neither Pepsico, Inc. or any of its subsidiaries shall be responsible for any errors, misstatements, inaccuracies or omissions regarding content and is/are not responsible for any personal injury or other liability associated with participation.
19. Promoter: Pepsico Inc. 500 Anderson Hill Road, Purchase, New York 10577