Official Contest Rules

PEPSI® NEXTGEN CINE MOBILE VIDEO CONTEST (“CONTEST”)

NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. MESSAGE AND DATA RATES MAY APPLY.  VOID WHERE PROHIBITED. BY PARTICIPATING, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. IF YOU ARE A MINOR UNDER THE AGE OF 18, YOU WILL BE REQUIRED TO COMPLETE AND SUBMIT A PARENT/LEGAL GUARDIAN CONSENT FORM HERE.

1. CONTEST PERIOD

The Contest begins April 8, 2019 at 12:00:00 p.m. Central Time (“CT”) and ends July 31, 2019 at 11:59:59 p.m. CT ("Contest Period"). The clock of the Website used for entry is the official clock for this Contest.

2. HOW TO ENTER

During the Contest Period, visit NextGenCine.com (“Website”), view the various Video/filmmaking tutorials (optional), and then follow the instructions to complete and submit the online registration form and your original short film (“Video”) as further described below. Altogether, the registration form and Video shall be referred to as the “Entry”. Entries will be judged. See Rule #5 for Judging Criteria.

3. ENTRY GUIDELINES

BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON ANY OF SPONSOR’S WEBSITES OR SOCIAL MEDIA ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an Entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, in perpetuity, without limitation, and without consideration to the entrant.

No other form of entry is valid. Proof of delivery or receipt of an Entry will not be deemed by the Sponsor as proof of entry into this Contest. All entries become the property of Sponsor and will not be acknowledged or returned. In the event of a dispute over the identity of a potential winner, the Entry will be declared made by the name of the entrant on the registration form.

Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes/contest service) will be disqualified and transmissions from these or related email/IP addresses or wireless phone number may be blocked.

Entries must comply with these Official Rules. See below for additional Entry Guidelines. Sponsor reserves the right, but not the obligation, to review any Entry for violation of these Official Rules and may, at its sole discretion, reject, delete, or otherwise exclude an Entry for any reason, including without limitation, if the Entry contains any Prohibited Content (as defined in within) or any other commentary or material which Sponsor, in its sole discretion deems inappropriate.

By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation. The Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By acceptance of your submission, you acknowledge that the Sponsor does not waive any rights to use similar or related ideas previously known to the Sponsor, or developed by its employees, or obtained from sources other than you. The Sponsor reserves the right to, and may or may not, monitor/screen Entries. By entering, you acknowledge that the Sponsor has no obligation to use or post any Entry you submit.

By submitting an Entry, you warrant and represent that it: (a) is your original work and in English (or, if in any other language, your video must have English subtitles), (b) has not been previously published, (c) has not won previous awards, (d) Entry must be between two (2) and five (5) minutes in length; (e) Entry must be received and recorded within the Contest Period; (f) Video must be created on your mobile phone or other web-enabled device; (g) does not infringe upon the copyrights, trademarks, music rights, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (h) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third-party rights. Each entrant will indemnify and hold harmless, the Sponsor and Promotion Parties (defined below) from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including the Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to awarding of prize.

As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (a) Must comply with these Official Rules; (b) Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, political, religious, professional or age group, profane or pornographic, or contain nudity; (c) Cannot promote alcohol, marijuana, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) Cannot be obscene or offensive, endorse any form of hate or hate group; (e) Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (f) Cannot defame, misrepresent or contain disparaging or slanderous remarks about the Sponsor, its customers or its products, or other people, products or companies; (g) Cannot contain trademarks, logos or trade dress owned by others (except the Sponsor’s) or advertise or promote any brand or product of any kind (except the Sponsor’s), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (h) Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by the Sponsor) without permission; (i) Cannot contain background artwork or music, unless it is an original work of the entrant (or, in the case of music, entrant is allowed to use  royalty-free music. For free or royalty-free sound recordings and music, an artist typically places their work into the public domain. Try doing a search for royalty-free music, and you can find many songs available for a free and legal download to accompany your Video. Entrants agree to not hold Sponsor liable for any intellectual property disputes and to comply with these rules and all copyright laws.) (j) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission (or the permission of the parent or legal guardian of any minor that may appear in the Entry); (k) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; and (l) Cannot depict, and cannot itself, be in violation of any law.

ENTRIES POSTED ON ANY OF SPONSOR’S WEBSITES (IF ANY) WERE NOT EDITED BY THE SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by the Sponsor does not constitute a general waiver of any obligation to entrants. The Sponsor reserves the right to waive the submission requirements set forth herein in its reasonable discretion.

4. ELIGIBILITY

The Contest is open only to legal U.S. residents residing in Illinois or Wisconsin who are between and including thirteen (13) to twenty-one (21) years of age at the time of entry. Sponsor reserves the right, at any time, to verify eligibility requirements in any manner they deem appropriate. Employees, contractors, directors, and officers of PepsiCo, Inc., Pepsi-Cola Company (“Sponsor”) and its bottlers, Pepsi Beverages Company, Marcus Theatres Corp. and each of their respective parents, subsidiaries and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively “Sponsor and Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step” of each) and those living in the same households as such employees are not eligible to participate.

The entrant is the one (1) person whose name is identified on the registration form to enter the Contest. If any group elects to collaborate on a Video, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. If selected as a potential winner, the person designated as the entrant will be deemed to be the winner and awarded the applicable prize. Neither Sponsor nor any of the Promotion Parties are liable for any disputes between collaborators arising under or related to the Contest.

5. CONTEST JUDGING

Entries will be grouped by Category and judged by Sponsor and/or its designated agency partners and/or filmmaking students as selected by Sponsor or its agency (the “Panel”) based on the following criteria (“Judging Criteria”): Relevance to Category (25%); Use of filmmaking techniques as shown in tutorials (25%); Overall creativity (25%); and Storytelling (25%). For each Category, the Entry receiving the highest cumulative score as awarded by the Panel will be deemed the Grand Prize winner and the Entry receiving the second highest cumulative score as awarded by the Panel will be deemed the First Prize winner. Winners are subject to verification and compliance with these Official Rules. In the event of a tie, tie breaker will be based upon the highest point score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed, to break the tie.
Entries submitted during the Contest Period are only eligible for this Contest and do not remain eligible for any subsequent Contest. Winners will be determined on or about September 1, 2019.

6. PRIZE DETAILS

Three (3) Grand Prizes (one [1] per Category): Each Grand Prize Winner will receive $1,000 (awarded in the form of a check, payable to winner); and “Movies for a Year Grand Prize” consisting of one (1) Marcus Theatres® Annual Movie Pass for winner and guest (verifiable retail value of $600 to $1,000+ based on how often the pass is used). Limit one movie per day. Not valid on Saturdays or when pass list suspended. Pass expires one year from Prize acceptance date and may be subject to other restrictions. Approximate Retail Value (“ARV”) of each Grand Prize: $1,600.

Three (3) First Prizes (one [1] per Category): Winner will receive $500 (awarded in the form of a check, payable to winner). ARV of each First Prize: $500.

Applicable to all winners: Winners will be invited to the Marcus Theatres for an awards ceremony scheduled to take place during Hispanic Heritage month in September or October of 2019 in Milwaukee, Wisconsin. At the Next Gen Cine awards ceremony, winners’ Videos will be featured. Transportation and accommodations are not included and are solely the responsibility of the winner.

Total ARV of all prizes: $6,300. Winner must accept the prize as stated by Sponsor or prize may be forfeited.

Potential winners may be required to submit to a confidential background check as a condition of prize award. The Sponsor reserves the right to disqualify winner based on the results of his/her background check.

7. GENERAL

This Contest is governed by the laws of the United States and of the State of New York without respect to conflict of law doctrines. No substitution of prize is offered, no transfer of Prize to a third party is permitted and non-cash prizes may not be redeemed for cash value. Sponsor reserves the right to substitute a prize of equal or greater value in the event any portion of the prize becomes unavailable. Unclaimed prizes will not be awarded. As a condition of participating in this Contest, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will entrants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than entrants' actual out-of-pocket expenses (e.g. costs associated with participating), and entrants further waive all rights to have damages multiplied or increased. Prize winners will be solely responsible for paying all applicable federal, state and local taxes on prize, if any. Winners will receive an IRS Form 1099 for the retail value of their prize, if applicable. No groups, clubs or organizations may enter or win a prize or reproduce or distribute any portion of these Official Rules to its members. All other expenses on the receipt and use of a prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of a prize not accepted or used by winner will be forfeited. Upon forfeiture for any reason as stated in these Official Rules, no compensation will be given. All federal, state and local laws and regulations apply.

8. CONDUCT

By participating in this Contest, entrants (and their parent(s)/legal guardian(s) if entrants are minors) agree to be bound by these Official Rules and the decisions of the Sponsor and/or its independent judging agency which shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Contest; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSBILE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

9. LIMITATIONS OF LIABILITY

Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Contest; (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 Contest; (d) inaccessibility or unavailability of any network or wireless service, the Internet or Website or any combination thereof; (e) suspended or discontinued wireless or land line phone service; or (f) any injury or damage to entrants or to any other person's computer or mobile device which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest. If, for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, 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 Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. In the event of any such cancellation, termination or suspension, a notice will be posted on the Website and winners shall be determined from among all eligible, non-suspect Entries received prior to such time. Sponsor reserves the right, at its sole discretion, to disqualify any entrant (and all of his/her Entries) from this Contest or any other promotion conducted now or in the future by Sponsor or any of its affiliates if he/she tampers with the entry process or if his/her fraud or misconduct affects the integrity of this Contest. Sponsor may modify and amend these Official Rules as they may appear online from time to time during the Promotion for clarification purposes without materially affecting the terms and conditions of the Contest.

10. WINNER NOTIFICATION

Prize won by an eligible entrant who is a minor in his or her state of residence will be awarded to a minor’s parent or legal guardian. Potential winners will be notified by email and/or phone at the email address or phone number provided by the entrant at the time of entry. Potential winners will be required to respond to the notification within seventy-two (72) hours indicating whether he/she can accept the prize or prize will be forfeited and awarded to an alternate winner selected based on the Judging Criteria outlined in Rule #5. Sponsor is not responsible for suspended or discontinued Internet or wireless service or a change in winner’s phone number or email address, which may result in a potential winner not receiving prize notification. Potential winners will be required to sign and return an Affidavit of Eligibility/Liability Release (where lawful) with a publicity release within seven (7) days of attempted winner notification as indicated by the date on the Affidavit. In the event any required documents are not provided within the required number of days (as stated above), prize may be forfeited. If any winner notification is returned as undeliverable, without a forwarding address or if any documents are not returned within the required number of days, or if winner cannot be found or verified or if winner is otherwise unable to accept the prize as stated, prize may be forfeited and awarded to an alternate winner. Upon forfeiture for any reason, no compensation shall be given. Allow up to eight (8) weeks for additional information regarding your prize.

By accepting the prize, winner agrees that his/her Entry 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 winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all 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. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner 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 Entry and of the copyrights transferred and “Moral Rights of Authors” waived 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.

11. RELEASE OF LIABILITY

All entrants, as a condition of participation, and winners (and their parent(s)/legal guardian(s) if winners are minors), by acceptance of a prize, agree to release Sponsor and Promotion Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with submitting an entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use or misuse of any prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity or any typographical or other error in the printing of these Official Rules or the offering or announcement of any prize. Each winner shall bear all risk of loss or damage to his/her prize and/or prize documentation after it has been delivered. Except where prohibited by law, winner grants to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known, the winner’s name, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor or Promotion Parties.

Sponsor’s use of your personal information is subject to the privacy policy located at http://policy.pepsi.com/privacy.htm. Any communication between entrant and Sponsor or its agencies regarding this Contest (e.g. phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. Winners’ names may be included in a publicly-available winner’s list.

12. WINNERS’ LIST

For a list of the winners, send a self-addressed stamped envelope by September 15, 2019 to: Pepsi NextGen Cine Mobile Video Contest Winners List, 10 South 5th Street-7th Floor, Dept. 888-7106, Minneapolis, MN 55402.

13. SPONSOR

Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.

Marcus Theatres Corp. and its parents, affiliates, and subsidiaries are not responsible for the promotion, administration, or execution of this Contest.