BRISK DRAGON PARADISE CONTEST
OFFICIAL RULES

The Brisk Dragon Paradise Contest (the “Contest”) is open only to legal residents of the fifty (50) United States or the District of Columbia who are 18 years of age (19 in AL or NE) or older at time of entry. Void where prohibited by law. Employees of Pepsi/Lipton Tea Partnership, PepsiCo, Inc., Pepsi-Cola Company, its bottlers, and Track Marketing Group, LLC, or any of their respective parents, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Sponsor: Pepsi/Lipton Tea Partnership, 700 Anderson Hill Road, Purchase, NY 10577.
Administrator: Track Marketing Group, LLC, 115 W. 30th Street Suite 403, New York, NY 10001.
The Sweepstakes is in no way sponsored or administered by Taco Bell.

The Contest begins on August 15, 2023 at 12:00AM Eastern Time (“ET”) and ends on August 24, 2023 at 11:59PM ET (the “Contest Entry Period”). The Contest has a voting period between September 19, 2023 and September 22, 2023 at 11:59PM ET. Administrator’s computer is the official timekeeping device for the Contest.ßåß

To enter during the Contest Entry Period, create and post a TikTok that includes Brisk Dragon Paradise Fountain Drink and a Taco Bell food item. TikTok must tag @DrinkBrisk and use the hashtag #BriskDragonParadiseContest. The Brisk Dragon Paradise and Taco Bell food item can be digital or physical representation of the item. The entry is known as a “Submission”. You will receive one entry for the Submission. You must follow @DrinkBrisk on TikTok at the time of entry and until the winners are finalized. You must have your TikTok profile settings as PUBLIC (not private) to enter your Submission.
To participate in the Contest, if you do not already have a TikTok account, download the free TikTok application and create an account as instructed. Getting an TikTok account is free. Submission must comply with TikTok Terms of Service, which can be found at https://www.tiktok.com/legal/page/us/terms-of-service/en. Use of multiple TikTok accounts to enter by the same individual is prohibited and may result in disqualification. Submissions will be deemed to have been submitted by the authorized account holder of the TikTok account from which the Submission is uploaded at the time of the entry, as identified by the primary email address associated with that account.
Limit one (1) entry per person during the Contest Entry Period. You may only use one (1) TikTok account to participate in the Contest. Entrants may not share a TikTok account. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. By entering this Contest, entrants agree to these Official Rules and the decisions of the Sponsor and Administrator, which are binding and final in all matters relating to this Contest.

SUBMISSION REQUIREMENTS

As determined by the Sponsor, in its sole discretion

• Entrant’s TikTok account must follow @DrinkBrisk on TikTok;
• Entrant’s TikTok account must be PUBLIC (not private), during contest and judging periods;
• Submission must be less than 60 seconds in length;
• Submission must tag @DrinkBrisk and include the hashtag #BriskDragonParadiseContest;
• Submission must not include any sexually explicit, violent, or derogatory content related to any ethnic, racial, gender, religious, professional, or age group; profane or pornographic content; or nudity;
• Submission must not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promote any activities that may appear unsafe or dangerous; promote any particular political agenda or message;
• Submission must not be obscene or offensive; endorse any form of hate or hate group;
• Submission must be an original idea (modification of an original work is not an original idea). Submission must not copy or otherwise plagiarize from any source;
• Submission must not have been submitted previously in a giveaway or promotion of any kind or previously exhibited or displayed publicly;
• Submission must not defame, misrepresent, or contain disparaging remarks about other people or companies;
• Submission must not include trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors), drawings, cartoons, or other third-party content/materials owned by others, without permission;
• If TikTok contains a song, it must be Royalty-Free Music; or Submission can contain no music;
• Submission must not include any individual(s) other than the entrant and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, look-alikes of celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to the sponsor;
• Submission must not include children under the age of 18 in the submission;
• Submission must not communicate messages or images inconsistent with the positive images and/or goodwill to which the sponsor wishes to associate; and/or
• Submission must not violate any law.

Submissions must meet the requirements state above. Sponsor reserves the right to reject any Submissions submitted in connection with the Contest for any reason.

By uploading any Submission for this Contest, each entrant hereby grants to the Sponsor the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised. Each entrant authorizes the Sponsor, and any entities affiliated or in privity with the Sponsor, to utilize, for eternity and in any manner the Sponsor sees fit, and to make derivative works of such materials. Each entrant agrees that the results and proceeds of such use shall become the property of the Sponsor and shall be freely assignable by the Sponsor, and that the Sponsor and its assignees and licensees shall have no obligations whatsoever to entrant. Each entrant agrees and acknowledges that participation in the Contest shall not give rise to any confidential, fiduciary, implied-in-fact, implied in law, or other special relationship between the Sponsor and entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements to the entrant’s Submission, and that only contracts, express or implied, between the Sponsor and entrant is as set forth in these Official Rules and the release forms. Sponsor might ‘Like’ or ‘Favorite’ a Submission and doing so does not increase chances of winning. Sponsor in its sole discretion may decide to use the winning Submission as a commercial or part of an ad campaign.  Sponsor is under no obligation to use the winning Submission for such purposes if it decides not to.

On or about August 28, 2023, Sponsor and Administrator will start to judge all Submissions equally on the following three criteria to determine the three (3) Finalists: i) Creativity of Submission; ii) Originality; and iii) Use of a Taco Bell food item and Brisk Dragon Paradise. If there is a tie between two or more Submissions for the Finalist spot the one Submission that scored higher for ‘Creativity of Submission’ will be the Finalist. The three (3) Finalists will be contacted by the Sponsor or Administrator and will be required to sign and return consent form(s) and provide their original submission in native form. If a Finalist does not meet the requirements in the stated time frame they will be forfeited. Each Finalists’ Submission will then be posted on TikTok by @DrinkBrisk. The public will be able to like each Finalists’ Submission on TikTok between September 19, 2023 and September 22, 2023 at 11:59PM ET. The one Finalist whose Submission receives the most likes on TikTok will be determined as the Grand Prize winner. The other two Finalists will be Runner Up Prize Winners.
Odds of winning a Runner Up prize depend on the quality of your Submission compared to other Submissions. Odds of winning the Grand Prize depend on the number of votes received compared to the other Finalists. POTENTIAL WINNERS WILL BE NOTIFIED BY DIRECT MESSAGE ON TIKTOK FROM @DRINKBRISK AND WILL BE REQUIRED TO RESPOND WITHIN 48 HOURS OF NOTIFICATION VIA EMAIL. Potential Winners may need to follow @DrinkBrisk on TikTok and accept @DrinkBrisk as a follower on TikTok to receive a direct message. Potential winners must follow the initial prize claim instructions and any subsequent claim instructions, or the prize will be forfeited in its entirety. It is recommended that you confirm your TikTok notification settings are turned on. Sponsor’s decisions as to the administration and operation of the Contest and the selection of the potential winner is final and binding in all matters related to the Contest. Failure to respond to an initial notification within 48 hours will result in disqualification. Sponsor’s decision as to the administration and operation of the Contest and the selection of the potential winner is final and binding in all matters related to the Contest.

POTENTIAL CONTEST WINNERS (RUNNER UP PRIZE WINNERS AND GRAND PRIZE WINNER) SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners (Runner Up Prize Winner and Grand Prize Winner) may be required to sign and return to Administrator, within five (5) days of the date notice is sent, an affidavit of eligibility, IRS Form W9, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner is disqualified for any reason, Sponsor may award the prize to an alternate winner.

• Grand Prize. One (1) Grand Prize will be awarded. The grand prize winner will receive fifty thousand dollars ($50,000). The Approximate Retail Value (“ARV”) of the Grand Prize is $50,000.
• Runner Up Prizes. Two (2) Runner Up Prizes will be awarded. Each Runner Up prize winner will receive five thousand dollars ($5,000). ARV of each Runner Up prize is $5,000.

For all Prizes: Prize is non-transferable. No substitution, cash redemption, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state and local taxes, if any, related to a prize are the responsibility of the individual winner. The potential winners will be required to complete an IRS Form W9 and provide their Social Security number for tax reporting purposes. Any and all guarantees and warranties are subject to the manufacturers or service provider’s terms and conditions, and the winner agrees to look solely to such entity for any such warranty or guarantee claim. ARV of all prizes is $60,000.

By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and Administrator which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor, PepsiCo, Inc., Pepsi-Cola Company, its bottlers, Administrator, Taco Bell and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney's fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.

Except where prohibited, participation in the Contest constitutes winner’s consent to Sponsor and its agents use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor or Administrator’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Administrator in their sole discretion. Sponsor or Administrator reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the South District of New York 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 Contest, but in no event attorneys’ 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, 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.

Except as noted in these Official Rules, information collected for this Contest is used only for the purpose of Contest administration and winner notification and will not be re-used, sold or shared in any manner by the Promotion Parties or any third parties unless you have elected to receive additional information or promotional material from the Sponsor, or a third party. By participating in the Promotion, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://contact.pepsico.com/brisk/privacy-policy . In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.

For the Winners List, email your request to BriskDragonParadise@trackmarketing.net. The subject of the email must contain, “Winners List - Brisk Dragon Paradise Contest”. Requests for the winner list must be received by November 1, 2023. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THIS EMAIL ADDRESS.