Terms and Conditions of entry

Pepsi Max Taste Challenge Prizes

  1. By participating in this promotion you accept these terms and conditions.
  2. The promotion is open to New Zealand residents aged 18 years or over who have received the Pepsi Max Taste Challenge kit and have taken the Pepsi Max Taste Challenge. Employees of the Promoter and any agency involved with this promotion, and the immediate families of such employees, are not eligible to enter.
  3. The promotion commences on 20th June 2022 and finishes on 18th August 2022 (”Promotion Period”).
  4. To enter the promotion, during the Promotion Period, simply share your vote of which taste you preferred between Pepsi Max and Coca-Cola Original on your Instagram stories and tag in @pepsi_nz.
  5. 50 winners will be drawn at random every week during the Promotion Period from all qualifying Instagram stories between 20th June 2022 and 18th August 2022.
  6. The winners will each receive, at the Promoter’s discretion, either 1 of 200 Pepsi Max branded bum bags or 1 of 200 Pepsi Max branded bucket hats (each ‘a Prize’).
  7. The winners will be notified via an Instagram message, sent from the Pepsi NZ Instagram account to the user account associated with each winning entry. The winners must reply to that direct message within 48 hours (i) confirming acceptance of the Prize and (ii) with their valid New Zealand courier and email address, in order to redeem their Prize.
  8. In the event that an ineligible entry is drawn, or the Promoter is unable to contact a winner within 48 hours of the prize draw, having made reasonable attempts to do so, the Promoter may deem that winner’s entry invalid and select a new winner on the same terms as the original prize draw. In that case, no compensation will be payable to the original winner.
  9. Entrants may enter the promotion only once.
  10. The Prize is not transferable, cannot be altered and is not redeemable for cash.
  11. In the event that the Prize or any part of the Prize becomes unavailable for any reason beyond the Promoter’s control, the Promoter may in its sole discretion provide an alternative prize.
  12. The Promoter reserves the right, at any time, to verify the validity of claims and determine the eligibility of entrants (including an entrant’s identity) and to disqualify any entry or refuse to award a Prize where false or misleading details have been given by an entrant, or where an entrant has behaved in a fraudulent or dishonest manner, or otherwise than in accordance with these conditions of entry or the spirit of the promotion.
  13. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  14. All decisions made by the Promoter, its employees or its agents are final and no correspondence will be entered into.
  15. The Promoter may amend, suspend or cancel any aspect of the promotion (including any prize or term) at any time in its sole discretion.
  16. Neither the Promoter nor any other entity associated with this promotion will be responsible for any late, lost, misdirected or incorrectly submitted entries, including entries not received due to technical problems or human error. Entries are deemed to be made at the time they are received, not the time they are submitted. The winner will be the registered user of the Instagram account associated with the winning entry.
  17. The Promoter reserves the right to disallow entries in its absolute discretion and without giving reasons.
  18. By entering this promotion, entrants agree to the use of their names, photographs and likeness for promotional/advertising purposes, and agree to make themselves reasonably available for this purpose as required by the Promoter. The ensuing copyright will rest with the Promoter, without any claim to compensation from the entrants.
  19. Copyright in all promotion entries, if any, become the property of the Promoter. By entering this promotion, entrants assign copyright in their entry to the Promoter, if any.
  20. The winners acknowledge and agree that they will comply with all instructions given by employees of the Promoter and other agencies associated with this promotion and agree not to do anything that may bring the Promoter into disrepute.
  21. If a winner cannot accept the Prize for any reason, their Prize will be void and no compensation will be payable.
  22. Except for any liability that cannot be excluded by law, the Promoter (including its officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives, advertising and promotional agencies), excludes all liability (including negligence), for any personal injury or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to, where attributable to any of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected; (d) any variation in the Prize; (e) any tax liability incurred by a claimant or entrant; or (f) use of a Prize.
  23. Entrants acknowledge and agree that their promotion entry comment must not contain content that is unlawful, fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, and will not be otherwise defamatory, obscene, derogatory, violent, objectionable, or otherwise unsuitable for publication.
  24. The Promoter collects and holds personal information provided by entrants for the purposes of this promotion (including to facilitate provision of the Prize) and for future promotional purposes. Failure to provide requested personal information may disqualify a person from being able to receive a Prize. All personal information provided by entrants will be held by the Promoter. Under the Privacy Act 2020, entrants have the right to request access to and correction of any such personal information. They may do so by sending an email to Frucor Suntory at FrucorConsumer@frucorsuntory.com.
  25. The Promoter is Frucor Suntory New Zealand Limited, 86 Plunket Ave, Manukau, Auckland 2104, New Zealand. For further information call 0800 332 531.
  26. PepsiCo Australia Holdings Pty Limited and its associated agencies and companies (collectively “PepsiCo”) are not involved in or responsible for the organisation or conduct of this promotion, and will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). All participant inquiries should be directed to the Promoter, on the details noted above, and not PepsiCo.
  27. This promotion is in no way sponsored, endorsed, administered by or associated with Instagram. By entering into this promotion, each entrant releases Instagram from any liability in respect of the promotion. Instagram will not be liable for any loss, damage or personal injury which is suffered or sustained by an entrant as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.