THE SEARCH FOR HIDDEN FIGURES CONTEST (“Contest”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: Open only to female/female-identifying persons who are 13 years of age or older as of November 14, 2016 who are legal residents of the United States residing in one of the fifty (50) United States or the District of Colombia (the “Territory”). Void where prohibited or otherwise restricted by law. Eligibility decisions shall be made and determined by Sponsor in its sole discretion. Individuals under the age of 18 (or the legal age of majority in the individual’s state of residence) must have consent from their parent or guardian to enter the Contest.
The following individuals are not eligible to enter the Contest: Employees, contractors, consultants, interns, directors and officers of: PepsiCo, Inc. (“Sponsor”) and its subsidiary and affiliated companies, Twenty-First Century Fox, Inc. and Twentieth Century Fox Film Corporation (collectively, “Fox”), the New York Academy of Sciences, i am OTHER and each of its subsidiary and affiliated companies, and Sponsor’s bottlers and distributors, and web design, advertising, fulfillment, insurance agencies, judging and promotions agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent and/or “step”) and those living in the same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) of each such employee, contractor, consultant, intern, director or officer of any Contest Party. Former employees, contractors, consultants, interns, directors and officers of Sponsor and its subsidiary and affiliated companies are also not eligible to participate.
The rights and authorizations granted and/or assigned to Sponsor by any Contest entrant in connection with this Contest as set forth in these Rules will benefit Sponsor and its subsidiary and affiliated companies.
2. CONTEST PERIOD: You may enter the Contest between 9:00:00 am Eastern Time in the United States (“ET”) on November 14, 2016 and 7:59:59 pm ET December 10, 2016 (“Contest Period”). Sponsor shall have the right to extend the Contest Period or declare the Contest as void if fewer than fifty (50) unique submissions reflecting the criteria described in these Rules have been submitted at the end of the Contest Period. The requirement for at least fifty (50) unique submissions is justified by the need for the judges to have enough qualified entries to select winner(s) on a fair basis.
3. TO ENTER: To enter the Contest, go to www.SearchForHiddenFigures.com (the “Contest Site”) during the Contest Period. BEFORE YOU WILL BE ALLOWED TO ENTER THE CONTEST, YOU MUST EXPRESSLY AGREE AND CONSENT TO THESE OFFICIAL RULES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER THE CONTEST. If you wish to enter, follow the on-screen instructions to properly complete the registration form and the Contest application in order to submit your entry for the Contest (each an “Essay Submission”, and together with a Video Submissions (as defined below), each a “Submission”) to the Contest Site. Before uploading your Submission, you will be required to agree that you have read or have had these Official Rules read to you and you are in agreement with these Official Rules. Sponsor takes no responsibility and assumes no liability for any Submission that you or anyone else creates, stores, shares, posts or otherwise transmits. You shall be solely responsible for your Submission and the consequences of posting, publishing it, or sharing it. You (or your parent or legal guardian if you are under the age of majority in your jurisdiction of residence) agree to bear any legal responsibility for the content of your Submission and you (or your parent or legal guardian if you are under the age of majority in your jurisdiction of residence) agree to defend, indemnify, and hold harmless Sponsor and the Contest Parties from any and all liability arising from your access to or creation, use, or sharing of any Submission, or Sponsor’s posting, sharing or other use of your Submission. Submissions that do not include all required information and adhere to these Official Rules as determined by Sponsor, in its sole discretion, will be considered void. Once uploaded, Submissions may not be acknowledged or returned. Sponsor may, in its sole discretion, disqualify any Submission and/or Entrant (as defined in “Guidelines and Restrictions” below) it deems inappropriate or otherwise non-compliant with these Official Rules.
Creative Essay Assignment
The creative essay assignment for the Contest (“Creative Assignment”) is to answer the following 2 essay questions:
- Describe a problem in the world that you would like to solve using STEM (science, technology, engineering and math) skills. This could be a local or global problem. Why do you want to solve it?
- In the film Hidden Figures, the women featured in the film are referred to as hidden figures as a result of those around them not appreciating or understanding the women’s talents. Describe the ways in which you also might be considered a hidden figure? What unique talents do you possess that may not be fully appreciated by the world around you?
Entrant’s complete answer to the 2 essay questions above will constitute Entrant’s essay submission (“Essay Submission”). Each essay question will be subject to a 300 word limit.
Judging Criteria (“Judging Criteria”) is as follows:
➢ Originality and Creativity – 40%
➢ Adherence to Creative Assignment – 30%
➢ Overall Connection to STEM – 30%
Creative Video Assignment
After an Entrant is notified by Sponsor of being selected as a Semi-Finalist Winner (as defined below), in order to be eligible to become a Finalist or Grand Prize Winner (each as defined below), each Semi-Finalist Winner shall submit a video (the “Video Submission”) to Sponsor of themselves answering the following question:
Why is STEM important to you and how can you see STEM changing or improving your life?
Entrants shall submit the Video Submission by following the instructions provided in the notification by Sponsor. Video Submissions must be submitted by no later than December 30, 2016 in order to be eligible to become a Finalist or Grand Prize Winner. Video Submission must meet the following technical requirements:
➢ Video must not exceed 3 minutes in length
➢ Video file size must be kept at or under 100 MB for quicker upload/encoding time.
➢ Video files must be provided in one of the following file formats: .MPEG4; .MOV; .MP4; or .WMV.
The Video Submission shall be judged using the same judging criteria as set forth above. Any scores from the judging of the Essay Submissions shall not carry over in judging or scoring the Video Submissions.
Guidelines and Restrictions
➢ Submissions (including the Essay Submissions and the Video Submissions) must be primarily in English, as determined by Sponsor in its sole discretion.
➢ If entrant is a minor in her jurisdiction of residence, she must have the consent of her parent or legal guardian to enter the Contest.
➢ The one (1) natural person whose full name is listed with the Submission will be deemed the entrant (“Entrant”). If selected as a potential Semi-Finalist Winner, the person designated as the Entrant will be deemed to be the winner and awarded the applicable prize provided such potential Semi-Finalist Winner is otherwise in compliance with these Rules. Neither Sponsor nor any of the Contest Parties are liable for any disputes between any Entrant and any other individual or third party arising under or related to the Contest.
➢ Each individual Entrant is allowed a total of one (1) Submission during the Contest Period.
➢ Entrant must be an individual. No group or team submissions permitted.
➢ Except as otherwise specified in these Official Rules, limit one (1) Prize per person, household and/or email address.
➢ If a Video Submission includes the image/likeness of any identifiable persons other than Entrant, Entrant agrees to obtain the consent of all such identifiable persons who appear in the Video Submission before entering the Video Submission and shall provide evidence of such consent to Sponsor and/or Fox upon request.
➢ Each Submission, including any Video Submissions:
➢ must be the original work of the Entrant produced for this Contest, and should not be the result of any material creative collaboration with any other individual or third party;
➢ must not have been entered in or won previous contests or awards;
➢ must not have been published previously in any medium; it must not infringe on any party’s intellectual property, including but not limited to copyright, trademark or right of privacy or publicity or any other rights;
➢ must be suitable for display and publication, including for display and publication online (e.g. it 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 or messages (including but not limited to words, images, or symbols that are widely considered offensive to individuals of a certain race, ethnicity, gender, religion, sexual orientation or socioeconomic or other 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 or depict a violation of applicable laws and regulations;
➢ must not feature or refer to any food or beverage products other than Sponsored-owned products;
➢ must not include any infringing depictions (as determined in Sponsor’s sole discretion) of any third party trademarks or logos; including but not limited to on clothing such as T-shirts, hats, etc.;
➢ must not feature alcohol products, tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco, electronic cigarettes, and snuff), contraceptives, fireworks, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries and gambling (including horse or dog racing and products or services related to gambling);
➢ must not contain any copyrighted works. You may not include any music in your Submission other than original music created and legally owned by the Entrant. Use of any music in your Submission created or owned by any third party may result in disqualification of Submission, in Sponsor’s sole discretion.
➢ Sponsor reserves the right, in its sole discretion, to remove or blur or to ask the applicable Entrant to remove or blur any non-material elements (e.g. small logos on clothing, artwork hanging in the background, etc.) rather than disqualify an otherwise compliant Submission.
Eligible Submissions will be judged by designated employees of Sponsor and representatives of third parties designated by Sponsor; however, such judging does not relieve Entrant from responsibility for compliance with these Official Rules. Submissions that do not comply in all material respects with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for prizes. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a prize.
By entering this Contest and uploading your Submission, you (or your parent or legal guardian if you are under the age of majority in your jurisdiction of residence) irrevocably license and grant to Sponsor, Fox and their agents, to the extent permissible by law, the unconditional and perpetual right to post, display, broadcast, publish, use, adapt, edit, translate, dub, and/or modify such Submission in any way, in any and all media, throughout the world, for any purpose, without limitation, and without notice or consideration to you. By entering this Contest and uploading your Submission, you (or your parent or legal guardian if you are under the age of majority in your jurisdiction of residence), where legally permissible, waive all moral rights in the Submission for use in relation to the Contest and/or allowing Sponsor and Fox to modify the Submission as described in these Official Rules and in promotion (including but, not limited to print, digital, social, or other medias) of Sponsor and Fox and their products. Entrant also consents to the Sponsor, Fox or their agents doing (or omitting to do) any acts in respect of the Submission which may otherwise constitute an infringement of the Entrant’s moral rights. All Contest Entrants further agree to release and indemnify and hold harmless Sponsor and the Contest Parties from any and all claims that may arise in connection with any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor and/or Fox of Entrant’s work as contained in any Submission.
4. SELECTION OF WINNERS:
Semi – Finalists: All Entrants shall be divided into 2 separate Entrant pools. Those Entrants who are at least 13 years of age as of November 14, 2016, but less than 20 years of age as of November 14, 2016 shall be considered part of “Entrant Pool Number 1”. Those Entrants who are at least 20 years of age as of November 14, 2016 shall be considered part of “Entrant Pool Number 2”. From about December 10, 2016 to December 14, 2016 all eligible Essay Submissions submitted during the Contest Period will be reviewed by Sponsor and such judges as designated by Sponsor. Such judges will evaluate each such eligible Submission based on the Judging Criteria set forth above in Rule #3. Up to twenty-five eligible Submissions in each of Entrant Pool Number 1 and Entrant Pool Number 2 with the highest total scores under the Judging Criteria will be selected as the “Semi-Finalist Submissions.” Sponsor reserves the right to select a lesser number of Semi-Finalist Submissions in its sole discretion. Entrants (or their parent or legal guardian if they are under the age of majority in their jurisdiction of residence) agree to submit such documentation and verification as Sponsor may require in order to verify an Entrant’s compliance with these Official Rules and eligibility to participate in this Contest.
On or about December 15, 2016, Sponsor will notify the Entrants of each Semi-Finalist Submission via email that their Essay Submission has been chosen as a Semi-Finalist Submission (“Semi-Finalist Winners”). In the event of a tie for the last Semi-Finalist Submission spot, the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria, in order, as needed to break the tie. If a potential Semi-Finalist Winner is not compliant with these Official Rules or not otherwise eligible to participate in this Contest, as determined in Sponsor’s sole discretion, then the potential Semi-Finalist Winner’s Submission will be deemed ineligible and Sponsor may select the Submission with the next highest total score under the Judging Criteria as a Semi-Finalist Submission in its place.
Finalists: From about December 30, 2016 to January 5, 2017 all eligible Semi-Finalist Video Submissions will be reviewed by Sponsor and such judges selected by Sponsor. Judges will evaluate each such eligible Semi-Finalist Video Submission based on the Judging Criteria set forth above in Rule #3. Up to six (6) eligible Semi-Finalist Submissions in each of Entrant Pool Number 1 and Entrant Pool Number 2 with the highest total scores under the Judging Criteria will be selected as the “Finalist Submissions”, with the Finalist Submission with the highest total score under the Judging Criteria in each of Entrant Pool Number 1 and Entrant Pool Number 2 being selected as the “Grand Prize Submissions”. The Sponsor reserves the right to select a lesser number of Finalist Submissions in its sole discretion. In the event of a tie for the last Finalist Submission spot or for selection of the Grand Prize Winner, the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria, in order, as needed to break the tie.
All potential Semi-Finalist Winners, Finalist Winners and Grand Prize Winners (collectively “Winners”) and their Submissions are subject to verification, including without limitation, verification of eligibility and age, compliance with these Official Rules and completion of release forms (described below). If attempted notification is returned as undeliverable or if a potential Winner fails to respond to notification requests from Sponsor, if a potential Winner cannot be verified, if a potential Winner or its Submission is not in compliance with these Official Rules, or if a potential Winner is otherwise unable to accept prize, prize will be forfeited and another Submission may be selected as a potential Winner provided sufficient time remains, in Sponsor’s discretion or otherwise disposed of as required by law.
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 shall be final and binding and not subject to challenge or appeal.
5. PRIZE DETAILS:
FIFTY SEMI-FINALIST PRIZES: From the twenty-five (25) Semi-Finalists Submissions from Prize Pool Number 1, each such Semi-Finalist Winner will be eligible to receive: a) four complimentary tickets to see the film Hidden Figures (approximate retail value of $48.00); and b) admission to the New York Academy of Science Junior Academy (approximate retail value of $0)(“Semi-Finalist Prize”) Total ARV of each Semi-Finalist Prize for the Semi-Finalists from Prize Pool Number 1 is $48.00 USD.
From the twenty-five (25) Semi-Finalists Submissions from Prize Pool Number 2, each such Semi-Finalist Winner will be eligible to receive a) four complimentary tickets to see the film Hidden Figures (approximate retail value of $48.00); and b) one year complimentary membership to the New York Academy of Science (approximate retail value of $100.00)(“Semi-Finalist Prize”) Total ARV of each Semi-Finalist Prize for the Semi-Finalists from Prize Pool Number 2 is $148.00 USD.
All complimentary tickets shall be to see the film Hidden Figures at a movie theater chosen by Sponsor in its sole discretion. Sponsor shall make reasonable efforts to select a theater near a Semi-Finalist’s residence, but Sponsor makes no guarantee in this regard. Any travel or other expenses associated with the complimentary tickets is the responsibility of the Semi-Finalist. Sponsor reserves the right to award the complimentary tickets in the form of a gift certificate, voucher or cash equivalent. Sponsor not responsible for the dates in which the film may be available for viewing or for seating availability. Semi-Finalists that become Finalists (unless such Finalist become a Grand Prize Winner) shall not be awarded the complimentary tickets component of the Semi-Finalist Prize and instead shall be awarded the hometown screening described in the Finalist Prize
TEN (10) FINALIST PRIZES: From the ten (10) Finalists Submissions announced (which for clarity exclude the Grand Prize Winners), each Finalist Winner will be eligible to receive a finalist prize (“Finalist Prize”) consisting of a) a hometown screening of the film Hidden Figures (approximately retail value of $600.00); and b) a scholarship in the amount of $10,000 USD. Such scholarship money shall be held by Scholarship America in an account designated for each such Finalist to be utilized in accordance with Scholarship America’s requirements towards degree completion, continuing education or research opportunities with an accredited, not-for-profit US educational institution or hospital. Eligible educational institutions would include 2 or 4 year colleges and universities and vocational technology institutes. Scholarship funds cannot be used for for-profit schools. For Finalists from Prize Pool Number 1, scholarship funds must be used by no later than 7 years from award of prize and no later than 2 years from Entrant’s graduation from high school or its equivalent or scholarship will be forfeited. For Finalists from Prize Pool Number 2, scholarship funds must be used no later than 3 years from receipt of award or scholarship funds will be forfeited. Total ARV of each Finalist Prize is $10,600USD.
Hometown screening to take place at a movie theater chosen by Sponsor in its sole discretion. Sponsor shall make reasonable efforts to select a theater near to a Finalist’s residence, but Sponsor makes no guarantee in this regard. Sponsor does not guarantee the number of seats that may be available for such hometown screening, but typically will permit at least 50 individuals selected by Finalist to attend (with Finalist being able to invite additional individuals if the theater size can so accommodate additional individuals). Any travel or other expenses associated with the complimentary tickets is the responsibility of the Finalist. Screening to take place on a date and time chosen by Sponsor in its sole discretion; provided Sponsor shall reasonably consult with Finalist as to the date and time to be chosen. Additional details about the hometown screening will be communicated to Finalist following prize notification. Finalists shall be entitled to the prizing awarded to Semi-Finalists, excluding the four complimentary movie tickets.
TWO (2) GRAND PRIZES: Two (2) Grand Prize Winners (one from Prize Pool Number 1 and one from Prize Pool Number 2) will receive a prize consisting of a) a trip package for Grand Prize Winner and 1 guest to Orlando, Florida which shall include: roundtrip coach flight from major U.S. airport nearest Grand Prize Winner’s residence to Orlando, Florida; 3 nights hotel accommodations in Orlando (single room; double occupancy; Grand Prize Winner and guest must share single room); and car rental for 4 days (subject to driver being at least 25 years of age). Grand Prize includes, subject to availability, one-day space adventure at Kennedy Space Center Visitor Complex. At least one of Grand Prize Winner or guest must be 21 years of age of older in order to accept trip. Prize excludes all other costs and expenses, including meals, personal expenses, ground transfers, excursions, attractions and treatments which shall be the responsibility of Grand Prize Winners. Prize is valid for 12 months after date of notification of winning. Restrictions on travel dates may apply. Additional details about the trip will be communicated to Grand Prize Winners following prize notification. All elements of prize are subject to availability. If Grand Prize Winner chooses not to accept the trip, prize will be subject to forfeiture and no cash equivalent shall be awarded. Prize is non-refundable and non-transferable. Approximate retail value of Grand Prize is US $3,500; and
b) a scholarship in the amount of $50,000 USD. Such scholarship money shall be held by Scholarship America in an account designated for each such Finalist to be utilized in accordance with Scholarship America’s requirements towards degree completion, continuing education or research opportunities with an accredited, not-for-profit US educational institution or hospital. Eligible educational institutions would include 2 or 4 year colleges and universities and vocational technology institutes. Scholarship funds cannot be used for for-profit schools. For Finalists from Prize Pool Number 1, scholarship funds must be used by no later than 7 years from award of prize and no later than 2 years from Entrant’s graduation from high school or its equivalent or scholarship funds will be forfeited. For Finalists from Prize Pool Number 2, scholarship funds must be used no later than 3 years from receipt of award. Total ARV of each Grand Finalist Prize is $53,500 USD. Grand Prize Finalists shall be entitled to retain the prizes awarded to Semi-Finalists.
THE MAXIMUM TOTAL ARV OF ALL PRIZES IN CONTEST IS: Two Hundred Eighteen Thousand Sixteen Dollars ($218,016USD).
6. GENERAL CONDITIONS: All Entrants must have a valid email address. Where applicable and except where prohibited by law, prize winners are solely responsible for any taxes on their respective prizes and may receive a Form 1099 for the taxable value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. Unclaimed prizes will not be awarded or will otherwise be dealt with according to law. If a prize, or any portion thereof, 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 its sole discretion, to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry or voting process or the operation of the Contest or any Sponsor or Contest-related Web Site; (b) violating these Official Rules; (c) violating the Contest Site’s terms of service, conditions of use and/or applicable general rules or guidelines; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (e) engaging in fraud, dishonesty or illegal activity; (f) attempting to deliberately damage or corrupt or otherwise attempting to undermine the legitimate operation of the Contest, and/or Sponsor’s business operations, including without limitation by cheating, hacking, deception, and/or other unfair practices, including but not limited to using automated entry or voting programs and/or devices; (g) colluding to alter the results of the Contest; and/or (h) giving false or misleading information to Sponsor or Contest Parties.
Sponsor may, to the maximum extent permissible by law, sanction any individual who engages in the above conduct or acts in a way that compromises the integrity of the Contest. The nature and extent of such sanction shall be in Sponsor’s sole and absolute discretion and may include disqualification or loss of privilege to participate in any other Sponsor contests or promotions.
This Contest is offered only to legal residents of the fifty (50) United States (and including District of Columbia), 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 County, New York. To the extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. To the extent permitted by law, any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York County, New York. If any provision of the these Official Rules or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable or void, such decision shall not have the effect of invalidating or voiding the remainder of these Official Rules, it being the intent and agreement of the parties that these Official Rules shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal and enforceable so as to materially effectuate Sponsor’s intent.
Except where prohibited by law, all Semi-Finalists, Finalists and Grand Prize Winners grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor, Fox and those acting under their authority to use his/her name, photograph, 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.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE CONTEST SITES 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 DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
7. WINNER NOTIFICATION: Finalist Winners and Grand Prize Winner will be notified by phone and/or email following the judging dates set forth above and may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a Publicity Release (collectively, the “Releases”). If winner is a minor in her state of residence, winner’s parent or legal guardian will be required to complete, execute and return the Releases and any other required paperwork on winner’s behalf. Notification of Finalist Winner status must be kept confidential until they are publicly revealed by Sponsor or your applicable prize may be forfeited. Prizes may be forfeited and alternate winners may be selected if any required documents are not returned within the required time period or if an Entrant fails to respond to Sponsor notifications, in Sponsor’s discretion.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. By accepting a prize, Finalist 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 Finalist Winner agrees, to the extent permissible by law, to execute a release irrevocably assigning and transferring to Sponsor all of his/her right, title and interest in and to his/her Submission, if any, including, 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. Finalist Winners hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Finalist Winners may now or later have to his/her Submission in relation to Sponsor’s or Fox’s use of the Submission under these Official Rules and promotion (including but not limited to print, digital, social or other medias) of Sponsor, Fox and their products. A Finalist Winner also consents to the Sponsor, Fox or their agents doing (or omitting to do) any acts in respect of his/her Submission which may otherwise constitute an infringement of the Finalist Winners’ moral rights. Sponsor reserves the right, to the extent permissible by law, to alter, change or modify a winning Submission, in its sole discretion. Upon request of Sponsor, Finalist Winners (or winner’s parent or legal guardian if winner is under the age of majority in winner’s jurisdiction of residence) shall execute and deliver such additional instrument of assignment, as may be 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 and/or consent 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. LIMITATIONS OF LIABILITY AND RELEASE: To the maximum extent permitted by law, no liability or responsibility is assumed by the Sponsor and other Released Parties (as defined below) 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 and other Released 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 email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Contest Site in whole or in part for any reason; traffic congestion on the Internet or the Contest 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. To the maximum extent permitted by law, the Sponsor and other Released 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 Contest Site. Use of the Contest Site is at user’s own risk. To the maximum extent permitted by law, the Sponsor and other Released Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person’s computer equipment resulting from participation in the Contest, use of the Contest Site or the download of any information from the Contest Sites. By participating in the Contest, to the maximum extent permitted by law, Entrants and Winners agree to release and hold harmless the Sponsor and other Contest Parties, as well as each of their respective parent, subsidiary and affiliated companies, and each of their respective employees, officers, directors, representatives, contractors, advertisers, sponsors and agents (collectively, the “Released Parties”) from any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to or participation in the Contest, or possession, acceptance, use and/or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. The Sponsor and other Released Parties are not liable in the event that any portion of the Contest, event or the event broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL THE SPONSOR OR OTHER RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST SITE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OR APPS ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. WINNERS’ LIST/RULES REQUEST: For the name of the Grand Prize Winners of these Official Rules, send your request with a self-addressed, stamped envelope to be received by July 1, 2017 to: The Search For Hidden Figures Contest (specify Winners’ List or Official Rules), c/o PepsiCo, Inc., 700 Anderson Hill Road, Purchase, NY 10577, Attn: Communications Department. Vermont residents may forego postage for Official Rules requests.
11. SPONSOR: PepsiCo, Inc. 700 Anderson Hill Road, Purchase, NY 10577.