Acceptance of Terms
Accuracy and Completeness of Information
PepsiCo is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
Your Use of the site
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) is the exclusive property of and owned by PepsiCo, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited. PepsiCo or its licensors or content providers retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in PepsiCo's sole discretion. PepsiCo neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with PepsiCo.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
For the Consideration and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, being the legal owner of certain Assets (including all necessary rights therein, including copyright, trademark and publicity rights), does hereby grant to Company and Company’s representatives, distributors, agents, employees, successors, licensees and assigns the full and irrevocable right and license to use, photograph, record, reproduce, edit, incorporate, broadcast and publish the Assets in and in connection with the Program, and any advertising, promotion and marketing of the Program. The Program may be used worldwide, in perpetuity, and in any and all media, without restriction.
Except as may otherwise be agreed in a separate agreement, the undersigned hereby waives any right to inspect or approve the finished Program or the advertising copy or printed matter that may be used in connection with the Program. In no event shall the undersigned have the right to terminate the rights granted to Company hereunder or to enjoin, restrain, or otherwise interfere with the development, production, distribution or other exploitation of the Program. Company shall own all rights in and to the Program, including without limitation copyrights in the Program.
The undersigned represents and warrants that he/she is the owner of the Assets and that he/she has the authority to grant Company the permission and rights herein granted, and that no one else’s permission is required. The undersigned agrees that the undersigned will not bring any claim (including without limitation any copyright, trademark, right of publicity, defamation, or false/negative light claim) against Company and Company’s representatives, agents, distributors, employees, successors, licensees and assigns relating to the use of the Assets in the Program in accordance with the terms of this Release. The undersigned acknowledges that in no event shall Company be obligated to use the Assets in the Program or otherwise or to exercise any other rights, licenses or privileges granted to Company hereunder.
Your use of this site is at your sole risk. The site is provided on an "as is" basis.
PepsiCo expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non-infringement.
If you download any material from this site, you do so at your own discretion and risk. You are responsible for any damage to your computer system or loss of data that results from the download of any such material.
Limitation of Liability
IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PEPSICO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PEPSICO NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PEPSICO IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND PEPSICO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold PepsiCo harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from and related to your use of the Site.
Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of PepsiCo and its subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of PepsiCo.
This Site features logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of, or are licensed to PepsiCo and its subsidiaries or its licensors or content providers. All of these Marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of PepsiCo or any such third party that may own a Mark displayed on the Site. PepsiCo reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Links to Third Party Sites
As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by PepsiCo. However, even if such third parties are affiliated with PepsiCo, PepsiCo has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of PepsiCo. PepsiCo is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
Cautionary Language Regarding Forward-Looking Statements
This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from PepsiCo's historical experience and our present expectations or projections. PepsiCo undertakes no obligation to publicly update or revise any forward-looking statements.