Baja Blast - Blast for Cash

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. INTERNET ACCESS AND REGISTRATION REQUIRED. GAME SUBJECT TO THESE OFFICIAL RULESPOSTED AT WWW.BAJABLAST.COM AND AT PARTICIPATING STORES.. INSTANT WIN GAME OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA THROUGHOUT THE PROMOTION PERIOD WHO ARE 13 YEARS OF AGE OR OLDER. GAME STARTS 4/6/2009, 3:00:00 P.M. (ET) AND ENDS 5/18/2009, 2:59:59 P.M. (ET). VOID WHERE PROHIBITED. SUBJECT TO AND GOVERNED BY THE LAWS OF THE UNITED STATES.

PROMOTION PERIOD: Taco Bell/ MDBB Blast for Cash Instant Win Game (the “Promotion”) begins 4/6/2009 and ends 5/18/2009 (the “Promotion Period”). Promotional Cups are scheduled to be available at participating Taco Bell restaurants until 5/8/2009 or when supplies exhaust, whichever occurs first. The www.BajaBlast.com promotional web site (“Web Site”) will be accessible from 3:00:00 p.m. ET on 4/6/2009 until 2:59:59 p.m. ET on 5/18/2009. The webmaster is the official time-keeper of the Promotion.
GET A GAME CODE: Look for a ten-character alphanumeric game code (“Game Code”) printed on large and extra large size Baja Blast fountain cups (“Promotional Cup”) at participating Taco Bell restaurants during the Promotion Period, while supplies last. NO PURCHASE NECESSARY. To receive one free Game Code and a copy of Official Rules without purchase, while supplies last, send a self-addressed stamped envelope, postmarked by 5/8/2009, to Blast for Cash Game Piece Requests, P.O. Box 750580, El Paso, TX 88575-0580. Requests must be received by 5/12/2009. Limit one (1) free Game Code per request per postmarked outer envelope. No mechanically reproduced or photocopied requests accepted. Residents of VT may omit return postage. Pepsi-Cola Company (“Sponsor”) assumes no liability for lost, late, stolen, misdirected, mutilated, incomplete, or postage due mail or requests.

REGISTER ONLINE: Go to www. BajaBlast.com during the Promotion Period and follow onscreen instructions to register for the Promotion. Internet access and registration on www.bajablast.com (at no charge to user) is required. Existing Baja Blast registrants must enter their email to enter the promotion, which automatically verifies registration log-in. Persons without an existing Baja Blast registration must first register with Baja Blast before entering the Promotion. Once you have a Baja Blast registration and you enter the Promotion, a promotion “Account” will automatically be created under your Baja Blast registration. Limit one registered Account per person, per household and per e-mail address.

ENTER GAME CODE TO PLAY: Once you have registered for the Promotion online, you can play by entering a Game Code. Enter the Game Code exactly as it appears on the Promotional Cup or free game piece and click “Play/Submit” for one Game Play. If you receive an instant win message, you will receive an email prize confirmation message stating that you may have won the prize indicated in the message (subject to verification). Each valid Code entered will receive one Game Play in the Instant Win Game (the “Instant Win Game”) for a chance to instantly win $25 (“Instant Win Prize”). Limit one Instant Win Game entry per Account per day. A day is defined as 12:00:00 a.m. ET through 11:59:59 ET (except for the first day of the instant win game which game will be defined as 3:00:00 p.m. ET through 11:59:59 p.m. ET and the last day of the instant win game Period which will be defined as 12:00:00 a.m. ET through 2:59:59 p.m. ET). According to the game mechanics, once on the Instant Win Game entry page, if you click the “Play /Submit” button, you will be instantly notified whether you have won an Instant Win Prize or not (as determined by Sponsor), subject to verification of eligibility and the terms of these Official Rules (See Rule 13). Odds of winning an Instant Win Prize depend on the number of eligible entries received and the day and time of Game Play. All valid non-winning entrants whose game play(s) is/are received during the Promotion Period will be automatically entered into the Second Chance Drawing. For more information on how to claim an Instant Win Prize, see Rule 7 below. If you receive a non-winning message on your screen, you are not a winner of an Instant Win Prize, but you will be entered into the Grand Prize Drawing (limit one (1) entry per Account).

CODE AND ACCOUNT LIMITS: Limit one Game Play per each verified Game Code entered. All Game Codes are subject to verification in accordance with these Official Rules. Limit one Account per person, per household and per email address. Game Codes or Accounts cannot be assigned or transferred to or shared with a third party or auctioned through an online auction site or otherwise. Possession of a Game Code does not constitute proof of entering Game Code into any particular Account. The decisions of the Sponsor with respect to Game Codes and Accounts are final in all respects. Sponsor reserves the right to limit the number of invalid entry attempts on a daily basis, or alter or modify any posted code entry limits, at any time and without prior notice.

INSTANT WIN PRIZES/APPROXIMATE RETAIL VALUES (ARV): Twelve thousand ninety-six (12,096) Instant Win Prizes will be awarded. Each Instant Win Prize will be awarded as a check in the amount of twenty five dollars ($25). ARV: $25.

TO CLAIM INSTANT WIN PRIZES: Each potential Instant Win Prize winner will receive a Prize Confirmation notice on screen during their online session at www.bajablast.com and an email Prize Confirmation message. Instant Win Prizes will be sent to verified winners by U.S. Postal Mail at the postal address provided at the time of registration on the Web Site. If winner notification or prize is returned as undeliverable without a forwarding address, prize will be forfeited. Only those registrants who have received an Email Prize Confirmation notice are potentially eligible to win such prize. Instant Win Prizes that are not properly claimed or returned as undeliverable will not be awarded. Sponsor is not responsible for any incorrect, incomplete and/or outdated information contained in any Account. It is the responsibility of the participant to make sure their Account information is accurate.

SECOND CHANCE DRAWING: All valid non-winning entrants whose game play(s) is/are received during the Promotion Period will be automatically entered into the Second Chance Drawing for any Instant Win Prizes that are not awarded. Second Chance Drawing winners will be randomly selected from all eligible entries received. Odds of winning depend upon the number of entries received and the number of Instant Win Prizes that are not awarded in the Instant Win Game. The Second Chance Drawing will be held on or about 5/27/2009 by an independent judging agency whose decisions shall be final.

VERIFICATION OF INSTANT WIN GAME PLAY: All Game Plays are subject to verification at the sole discretion of Sponsor. Verification of potential winning Game Play is based in part upon receipt of Prize Confirmation message received. Limit five (5) Instant Win Prizes per name, household and email / registered account for the duration of the Promotion. If you do not receive an Email Prize Confirmation message, then you did not have a winning Game Play and are not eligible for a prize. Proof of screen shot with winning message does not constitute proof of winning. Sponsor will not accept screen shots or other alleged evidence of winning in lieu of its Game Play Email verification process.

VERIFICATION OF GAME CODE: All Game Codes are subject to verification at the sole discretion of Sponsor and its authorized agents. Anti-fraud detection devices may be used for verification purposes. Game Codes will be void if they fail to pass anti-fraud detection measures, or if determined by Sponsor and its agents in their sole discretion to be any of the following: duplicated, photocopied, reproduced, forged, defaced, tampered with, mutilated, cut, torn, erased or blank in whole or in part, illegible in whole or in part, smudged, disassembled or altered from the form in which it was issued, stolen, transferred, bartered, traded or auctioned (including through an online Internet auction site), unissued, unauthorized, illegitimately obtained (i.e., through means other than retail purchase or free entry request), or if they fail to contain special markings, inks and/or security codes that may be applied by Sponsor at the time of production, or if they contain an unauthorized message, code or other marking not issued by Sponsor for use in the Promotion, or if defective or if they contain printing or other mechanical errors or are printed or produced in error. No Game Play will be provided for any Game Code deemed void for any reason, including without limitation, the following: Game Code is not verified or recognized as a valid Game Code issued by Sponsor in the Promotion; or Game Code is incorrectly or incompletely entered or submitted. Sponsor shall have no obligation to the holder of any void Game Code. Notwithstanding the foregoing, Sponsor may, at its sole discretion and without obligation, elect to replace an illegible Game Code with one (1) randomly selected Game Code if appropriate upon request, while supplies last. Sponsor reserves the right to inspect and examine any illegible Game Codes prior to issuing a replacement. Replacements shall be issued at Sponsor’s sole discretion and may be denied in the event of non-compliance with these rules. Sponsor may change its policy or set limitations and restrictions on replacements at any time and without notice.

GRAND PRIZE SWEEPSTAKES DRAWING: The first time you play the Instant Win Game by entering a valid Game Code, you will also receive one (1) entry into the Grand Prize Sweepstakes Drawing. Limit one (1) Grand Prize Sweepstakes Drawing entry per Account, person, household and email for the duration of the program. The Grand Prize winner will be selected in a random drawing from among all eligible entries received into the Grand Prize Sweepstakes. The Grand Prize Drawing will be held on or about 5/27/2009 by an independent judging agency whose decisions shall be final. Odds of winning the Grand Prize will depend on the number of eligible entries received.

GRAND PRIZE: Grand Prize Winner will be awarded twenty-five thousand dollars ($25,000) to be awarded via a wire transfer or check.

ELIGIBILITY: Promotion open only to legal United States residents residing within the fifty (50) United States or the District of Columbia who are 13 years of age or older and have a valid e-mail account and internet access prior to the beginning of the Promotion Period. Void elsewhere and where prohibited by law, and in Puerto Rico, U.S. Virgin Islands. Employees, officers, directors and agents of Pepsi-Cola Company, its bottlers, Taco Bell Corp., participating Taco Bell restaurants, and all of their respective parents, subsidiaries, divisions, affiliates, franchisees, licensees, distributors, suppliers, printers or the advertising, promotional or judging agencies, webmaster or other parties involved in any aspect with the creation, production, operation, execution and fulfillment of the Promotion (collectively, “Released Parties”) and the immediate family members of such individuals (parent, child, sibling or spouse of any of the foregoing, including step-parent, step-child or step-sibling, and their respective spouses) and household members of such individuals (whether related or not) are not eligible to win. Groups, clubs or organizations are not permitted to register an Account or participate in the Promotion or distribute any portion of these Official Rules.

GENERAL CONDITIONS: No substitution of prize is offered, no transfer of prize to a third party is permitted, except at the sole discretion of Sponsor. If any 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. Any portion of the prize not accepted by winner shall be forfeited. If applicable, allow 8 to 10 weeks for shipment of Instant Win Prize(s) following completion of notification process. Prizes will only be delivered to addresses within the United States. Prize winners are responsible for any applicable federal, state or local taxes on prize; if applicable, winner may receive an IRS Form 1099 for tax for the value of the prize. All cash prizes awarded will be payable only in U.S. dollars at the value set forth herein. If a prize valued at U.S.$600 or over is won by an eligible minor in his/her state of residence, then prize may be awarded to minor’s parent or legal guardian who must sign all prize acceptance documents and who may be required to accept prize on minor’s behalf and assume all responsibilities of prize winner. If winner is found to not be in compliance with these Official Rules, prize will be forfeited.

LIMITATION OF LIABILITY: No responsibility or liability is assumed by the Released Parties for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Web Site or telephone systems: 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 telephone providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or telephone transmissions to be sent or to be received; lost, late, delayed or intercepted e-mail; inaccessibility of the Web Site or phone system in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Promotion or data thereof, including without limitation, tampering of or hacking into the telephone lines, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Promotion. Released Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Promotion, or use of or download of any information from the Web Site. Use of Web Site is at user’s own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT ANY 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Winner bears all risk of loss or damage to prize after shipment.

MODIFICATION: Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Promotion in whole or in part, including without limitation, any means of entry in Rule 4 above, at any time if the Promotion is not capable of running as planned or as intended by these Official Rules for any reason whatsoever, including but not limited to, any occurrences described in Rule 15 above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Promotion, as determined by Sponsor in their sole discretion, or if Sponsor determines that more prize claims are submitted than the number of prizes offered in these rules. In such event, Sponsor shall immediately suspend prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor, such as by way of example and not by way of limitation, in a random drawing from among the eligible entries received up to the time of the impairment, and the Released Parties shall have no liability to any participant in connection with the Promotion. In no event shall Sponsor award more than the number of prizes stated in these Official Rules.

CONDITIONS ON USER PARTICIPATION: By participating, all participants signify their agreement to be bound by these Official Rules, and the decisions of Sponsor and Young America Corporation (the “Administrators”) whose decision in all aspects shall be final and binding; and the Baja Blast Terms & Conditions, located at www.bajablast.com, the Baja Blast Privacy Policy, located at www.bajablast.com, which govern activities on the Web Site. The Sponsor and their Administrators may, at their sole discretion, disqualify any individual from participating in any aspect of Promotion, and/or may cancel, suspend or block any promotion Account registered by such person, if Sponsor and their Administrators deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Rules or the terms and conditions of the Web Site; or (b) damaging, tampering with or corrupting the operation of the Promotion; or (c) acting with intent to annoy, harass or abuse any other person; or (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Web Site through online, text messaging or phone-in means; or (e) repeated attempts to enter void Game Codes in one or more Accounts, as determined by Sponsor; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Sponsor and their Administrators to be generally inconsistent with the intended operation of the Promotion. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE INSTANT WIN GAME OR EVENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THEIR ADMINISTRATORS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.

RELEASE OF LIABILITY: By participating, all participants, on behalf of themselves, their executors, heirs and assignees, agree to release the Released Parties from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the conduct of the Promotion, or the receipt, ownership of use of a prize or while preparing for, participating in or traveling to and/or from any prize-related activity, or for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site or in an Account. Under no circumstances will the Released Parties be liable for punitive, incidental, consequential, or any other damages. The winner shall bear all risk of loss or damage to their prize after it has been delivered. Except for residents of TN and where prohibited by law, winners grant to Sponsor and their respective designees the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Web Site) the winner’s name, address, voice, statement, picture and/or other likeness, without additional compensation or consideration, notification or permission, for public relations, advertising and/or promotional purposes as may be determined by Sponsor.

DISPUTES: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New York (Southern Division) or the appropriate New York State Court located in Westchester County, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligation of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

WINNERS LIST: For the name of the Grand Prize winner, send a SASE postmarked by 6/15/09 to: Blast for Cash Winners List, P.O. Box 750572 El Paso, TX 88575-0572.

SPONSOR: Pepsi-Cola Company, Purchase, New York 10577.

ADMINISTRATOR: Young America Corporation, Young America, MN 55397

The Mountain Dew® Baja Blast™ Blast for Cash promotion starts on 4/6/2009, 3:00 p.m. (ET) and ends at 5/18/2009, 2:59 PM (ET). NO PURCHASE NECESSARY. SUBJECT TO OFFICIAL RULES. Check out http://www.TacoBell.com for more info on upcoming events and promotion.