SWEEPSTAKES
OFFICIAL RULES
No Purchase Necessary To Participate Or Win.
Purchasing Will Not Increase Your Chances Of Winning.
This Sweepstakes may be modified, canceled or postponed by Sponsor at any time in its sole discretion due to pandemic (e.g., Coronavirus/COVID-19).
ELIGIBILITY: The NBA Starry Sweepstakes (“Sweepstakes”) is open only to legal U.S. residents who reside in one of the fifty (50) United States or District of Columbia, who are eighteen (18) years of age or older (19 or older for residents of Alabama and Nebraska) at the time of entry (each, an “Entrant”). The following persons are not eligible to participate or win: Employees, contractors, directors and officers of PepsiCo, Inc., Pepsi-Cola Company (“Sponsor”) and its bottlers, Genesco Sports Enterprises, Inc. (“Administrator”), NBA Properties, Inc., NBA Media Ventures, LLC, the National Basketball Association (“NBA”), the Women’s National Basketball Association, the NBA 2K League, their collective member teams, and any applicable Players Union including but not limited to the National Basketball Players Association and the National Basketball Retired Players Association (collectively, the “NBA Entities”),and their respective parent, subsidiary and affiliated companies, participating locations, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, “Sponsor and Released Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their 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 Sweepstakes). This Sweepstakes is subject to these official rules (“Official Rules”) and all applicable federal, state, and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.
SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:00:00 pm Eastern Time (“ET”) on 2/18/23 and ends at 11:59:59 pm ET following the conclusion of the last game of the NBA Finals 2023 as determined by the NBA (latest possible date 6/18/23) (“Sweepstakes Period”). The Sweepstakes will consist of six (6) Entry Periods (“Entry Periods”) outlined below.
| Entry Periods | Entry Period Dates/Times (all Entry Periods start at 12:00:01AM ET and end at 11:59:59PM ET on the specified start and end dates) | Entry Period Winner Selection Dates |
|---|---|---|
| Monthly Entry Period 1 | 2/18/23-2/28/23 | 3/7/23 |
| Monthly Entry Period 2 | 3/1/23-3/31/23 | 4/7/23 |
| Monthly Entry Period 3 | 4/1/23-4/30/23 | 5/5/23 |
| Monthly Entry Period 4 | 5/1/23-5/31/23 | 6/7/23 |
| Monthly Entry Period 5 | 6/1/23- the conclusion of the last game of the NBA Finals 2023 (latest possible date 6/18/23) | 6/23/23 |
| Grand Prize Entry Period | 2/18/23-3/31/23 | 4/7/23 |
HOW TO PARTICIPATE IN THE SWEEPSTAKES: NO PURCHASE NECESSARY. During the Sweepstakes Period visit NBA.com/Starry3PT (the “Website”) and follow the links to the enter the Sweepstakes and vote for the best 3-point shot of the month in accordance with the instructions provided. The vote that you cast does not affect your chances of winning. Once you have successfully submitted for entry in accordance with the instructions provided you will receive one (1) entry in the Grand Prize Drawing (through 3/31/23) and one (1) entry into the applicable Entry Period drawing. Limit one (1) Grand Prize entry and one (1) Entry Period entry per person and per e-mail address per day, regardless of the number of email addresses used. In the case of multiple entries from any one (1) person or email address in a given day, only the first entry received will be accepted and all subsequent entry attempts from such person will be void.
The use of script, macro or automated devices (or any other devices intended to automate any aspect of participation) to participate/enter is prohibited. Any attempt to use multiple names or email accounts or other tactics to register or enter more than the stated limits may result in the disqualification by the Sponsor from the Sweepstakes and all associated registrations, and entries will be void. Registrations, and sweepstakes entries, generated by script, macro or other automated means or with the intent to subvert the registration, or entry process will be void.
By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by the Sponsor by telephone and/or e-mail for Sweepstakes purposes only. Released Parties are not responsible for lost, incomplete, late, delayed, inaccurate, misdirected, undelivered, or garbled entries, email, or failures or malfunctions of phones, phone lines or telephone systems; lost entries, prize claims or transmissions; any error, omission, interruption, defect or delay in transmission, or communication; interrupted or unavailable network, server, Internet Service Provider (ISP), cable, satellite or other connections including those through and/or by any website; miscommunications, failed computer hardware or software or technical failures; non-delivery; misdirected, blocked, or delayed e-mail notifications; garbled, misrouted, jumbled, scrambled, delayed or misdirected transmissions; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, telephone, electronic, mail or otherwise relating to or in connection with the Sweepstakes, or downloading of materials from or use of the website, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, or the announcement of the prizes. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant who Sponsor, believes has attempted to tamper with, corrupt, or impair the administration, security, fairness or proper play of this Sweepstakes or who is otherwise not in compliance with these Official Rules. The use of automated entry or similar devices to participate or subvert the entry process is prohibited and all entries through such devices are void. In the event of a dispute as to the identity of any entrant, such entrant will be deemed, as the “authorized account holder” of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to the e-mail address by an Internet access provider, online service provider or other organization (e.g., a business, educational institution, etc.) which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Proof (to Sponsor’s satisfaction) of being the authorized account holder may be required by Sponsor.
USE OF ENTRANT INFORMATION AND SWEEPSTAKES COMMUNICATIONS:
As a condition of entering the Sweepstakes, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information Entrants provide to Sponsor may be used to communicate with Entrant in relation to this Sweepstakes or on a Sweepstakes winners list. The information provided by Entrants will be used pursuant to the Pepsi-Cola Company’s privacy policy available at: https://contact.pepsico.com/starry/privacy-policy.
WINNER DETERMINATION/ODDS OF WINNING:
Grand Prize Drawing: One (1) potential winner of the Sweepstakes Grand Prize (defined below) will be selected in an individual random drawing on or about 4/7/23 from among all eligible Grand Prize Drawing entries received during the Grand Prize Entry Period. Odds of winning the Grand Prize will depend on the total number of eligible Grand Prize Drawing entries received during the Grand Prize Entry Period.
Entry Period Prize Drawings: For each Monthly Entry Period listed above, five (5) Monthly First Prize and Fifteen (15) Monthly Second Prize potential prize winners will be selected in an individual random drawing from among all eligible entries received during the applicable Monthly Entry Period. Entries received during each Monthly Entry Period will not carry forward to subsequent Monthly Entry Periods. Odds of winning a Monthly Prize will depend on the number of eligible entries received for the applicable drawing. Limit one (1) Monthly Prize per person, per household, and per valid email address. Drawings will be conducted in accordance with the Entry Period Winner Selection Dates outlined above.
All drawings will be conducted by Administrator, an independent judging organization. The decisions of Sponsor will be final and binding in all matters relating to this Sweepstakes.
WINNER NOTIFICATION: Administrator will contact the potential Grand Prize winner via email on or about 4/7/23 notifying the Entrant of their potential winning status and to confirm if the Entrant agrees to accept the Prize. The potential Grand Prize winner will be required to execute and return an Affidavit of Eligibility, Liability Release and (where legal) Publicity Release within five (5) days of date of issuance of notification. The potential Monthly Prize winners will be notified via email and may be required to complete and return a prize claim form in accordance with the instructions provided by Adminstrator. In the event that any selected potential prize winner does not return the required documents within the stated time frame, declines a prize, is not eligible to accept a prize, does not comply with the terms of these Official Rules, or is not available for any reason when notified, their prize may be forfeited and Sponsor, at its sole discretion and time permitting, may randomly select an alternate potential Prize winner from among all remaining eligible entries for the drawing at issue.
PRIZES: One (1) Grand Prize: A 3-day/2-night trip for two (2) to one (1) game of the NBA Finals 2023 consisting of round-trip air transportation from major airport near to winner’s residence, standard double-occupancy hotel accommodations for two (2) nights, two (2) tickets to one (1) game of the NBA Finals 2023, and a $500 transportation stipend (awarded to the winner in the form of a check). Approximate Retail Value ("ARV") of the Grand Prize package=$4,100.
Trip Conditions: Actual prize value will vary depending on the winner's city of departure. Sponsor, in its sole discretion, reserves the right to provide ground transportation in place of air transportation if winner lives within 150 miles of the Game venue as determined by Sponsor, and to award no additional compensation or substitution for the difference in prize value. Sponsor is not responsible for any canceled, delayed or reschedule games or events. Travel and hotel arrangements determined by Sponsor in its sole discretion and must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Trip must be taken on dates and times designated by Sponsor or prize will be forfeited in its entirety and may be awarded to an alternate winner. Sponsor reserves right to change dates. Winner and their respective guest must travel together on the same itinerary. Guest must be of legal age of majority in his/her jurisdiction of residence (18 or over, 19 in Alabama and Nebraska) unless child or legal ward of the winner. Winner and their respective guest are responsible for obtaining all necessary travel documents, including passports and visas (if applicable) prior to travel. The Grand Prize winner’s guest will be required to sign and return a Liability Release and (where legal) Publicity Release within five (5) days of date of issuance of notification. If any the potential Guest is a minor child or legal ward of the respective Grand Prize winner, the Grand Prize winner will be required to execute the Liability Release and Publicity Release (unless prohibited by law) on their Child’s behalf. In the event that the Sweepstakes Prize winner or their guest are unable to obtain the necessary travel documents prior to trip departure date the respective Sweepstakes Prize winner will forfeit the trip in its entirety and the Prize may be awarded to an alternate winner. If any event is canceled or postponed for any reason, travel prize may be substituted with something of comparable or greater value as determined solely by Sponsor. Winners and their respective guest must comply with arena rules and regulations. Failure to do so may result in forfeiture of applicable prize element. Exact seat locations at the designated events to be determined by Sponsor in its sole discretion. All prize details are at Sponsor’s sole discretion. Certain travel restrictions may apply. Any expenses not specifically stated herein such as meals, gratuities, etc. are the sole responsibility of the prize winner and their guest.
Note: Grand Prize winner and his/her guest irrevocably waives all claims against the Released Parties and agrees that the Released Parties will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes, the prizes awarded, personal injury, or wrongful death, a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of the Grand Prize winner participating in the Sweepstakes and related activities, wherever, whenever or however the same may occur. Grand Prize winner fully understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that will be implemented from time to time by NBA or the respective track (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
Twenty-Five (25) Monthly First Prizes/Five (5) First Prizes Awarded Per Monthly Entry Period: One (1) Autographed NBA Jersey signed by a NBA player selected by Sponsor. ARV of Jersey=$150.
Seventy-Five (75) Monthly Second Prizes/Fifteen (15) Second Prizes Awarded Per Monthly Entry Period: One (1) $100 NBAstore.com Digital Gift code. ARV=$100.
Monthly Prize Conditions: Prizes are awarded “as is” without any warranty or guarantee, either express or implied by Sponsor. All prize details are at Sponsor’s sole discretion. Actual value of autographed item is subject to market fluctuations. No certificate of authenticity is provided by Sponsor. Item is not used. Prize is awarded “as is” without any warranty or guarantee, either express or implied. Prize images are for illustrative purposes only. Actual prizes may vary. The Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. No more than the stated prizes will be awarded. The Released Parties are not responsible for and winner will not receive the difference, in any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Gift Codes are subject to certain terms and conditions as specified by Gift Code issuer.
Total ARV of all prizes: $15,350.
MISCELLANEOUS: No transfer, assignment, cash redemption, or substitution of prizes (or portion thereof) permitted except by Sponsor who may substitute a prize (or any portion thereof) with a prize of approximately comparable or greater value at their sole and absolute discretion. All federal, state, and local taxes (including income and withholding taxes) and all other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded, including but not limited to ground transportation, meals, souvenirs, hotel incidentals and gratuities are the winner’s sole responsibility. By participating, each entrant agrees to be bound by these Official Rules and agrees that (1) Released Parties and their designees and assigns may use (unless prohibited by law) such Entrant’s name, voice, city/state of residence, biographical information, photograph, and/or other visual likeness for advertising and/or trade purposes and/or for TV or radio broadcasts and/or for any other purpose in any media or format now or hereafter known worldwide in perpetuity without further compensation, permission or notification; and (2) Released Parties and each of their respective designees and assigns shall have no liability and will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, to the acceptance, possession, use or misuse of any prize, any travel and/or activities related thereto and/or participation in this Sweepstakes. Sponsor reserves the right, in their sole discretion, to modify, terminate or suspend this Sweepstakes (or any portion thereof) should viruses, bugs, unauthorized human intervention or other causes including but not limited to war, strikes, health crisis, epidemic, pandemic, civil disturbances, work stoppage, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes (or any portion thereof) and, in the event of termination, at its discretion, select the winner(s) for the drawing(s) at issue from those eligible, non-suspect entries received for the applicable drawing(s) prior to the event leading to such termination. Sponsor reserves the right, in its sole discretion, to disqualify any person and void all associated entries of any person who they believe has tampered with the entry process, or any other component of this Sweepstakes, whose conduct or actions affect the administration, integrity, security, fairness or proper conduct of this Sweepstakes, or who is in violation of these Official Rules.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that: 1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office in New York, NY; 2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and 3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES IN ANY WAY, OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND/OR THEIR RESPECTIVE AGENTS WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT AND RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
WINNERS’ NAMES: For the names of the winners, mail in a 3” x 5” card containing your name and address to be received by July 24, 2023 to: NBA STARRY™ SWEEPSTAKES Winner’s List Request, c/o GSE, PO Box 130, Dept. 23-8104-02, Glencoe, MN 55336-0130.
Sponsor: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY 10577.
The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Sweepstakes or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with Sweepstakes advertisements or the Sweepstakes.