Pepsi, Where’s My Jet”
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
Pepsi, Where’s My Jet
” Docuseries Sweepstakes (the “Sweepstakes”) begins at 12:01 a.m. Pacific Time (“PT”) on November 18, 2022 and ends at 11:59 p.m. PT on November 21, 2022 (the “Sweepstakes Period”).
Open to persons who (i) are legal residents of the United States and the District of Columbia (excluding residents of Florida and New York) and twenty-one (21) years or older at the time of participation; (ii) have an active and non-private Twitter account during the Sweepstakes Period and notification period (as defined below); and (iii) who are not restricted to fly in a fighter jet (see prize description below). Void in Florida, New York and where prohibited by law. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Fonseca Chan + Associates LLC (“Sponsor”), Ventura Associates International LLC (“Administrator”), Palm Springs Air Museum (“Prize Provider”), Netflix, Inc., their parent, subsidiary and affiliated companies, promotion and advertising agencies involved in the execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent and spouse or "step" of each) and those living in the same household of each such person. By participating in the Sweepstakes, each eligible entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. Each entrant who is eligible to enter the Sweepstakes shall be referred to herein as an “Eligible Entrant.”
HOW TO ENTER:
During the Sweepstakes Period, scan the QR code you found on the Sweepstakes marketing materials or visit www.twitter.com/netflix, follow @Netflix and retweet/quote tweet the Sweepstakes post which must include hashtag #
WheresMyJetSweepstakes and tag @Netflix
to receive one (1) entry into the Sweepstakes. Limit one (1) entry per Eligible Entrant/Twitter account.
By entering into the Sweepstakes, each Eligible Entrant certifies that the entry submitted by the Eligible Entrant does not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity. Entries must not contain any identifiable brand names or logos (other than Sponsor-owned). All entries and components thereof become the sole property of Sponsor and will not be returned or acknowledged. Sponsor may, in its sole discretion, accept or reject any entry that contains obscene, offensive, or if it finds an entrant acting in an unsportsmanlike or disruptive manner or harassing other entrant(s), or any other language communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself, and such entries will be deemed void and disqualified. Entries will be declared made by the authorized account holder of the Twitter account which submitted the entry. “Authorized account holder” is defined as the natural person who is assigned to the Twitter account by Twitter. Normal Internet and phone data charges imposed by your online/phone service may apply. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes.
RANDOM DRAWING AND ODDS
: One (1) Winner will be randomly selected on or about November 22, 2022 from all eligible entries received during the Sweepstakes Period. Random drawing will be conducted by Administrator, whose decisions are final on all matters relating to the Sweepstakes. The odds of winning will depend on the total number of eligible entries received during the Sweepstakes Period.
PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):
One (1) prize: A trip for Winner and one (1) guest to Los Angeles, California to an experience aboard the fighter jet aircraft. Prize consists of:
(a) roundtrip, coach class air transportation for Winner and guest from a major airport located within the United States near Winner’s place of residence (as selected in Sponsor’s sole discretion) to a major airport located in Los Angeles, California. Sponsor has the right in its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. If Winner resides within one hundred (100) miles of Los Angeles, CA, Sponsors reserve the right in their sole discretion to substitute ground transportation and/or parking for air transportation.
(b) two (2) nights’ hotel accommodations (standard double-occupancy room as selected in Sponsor’s sole discretion) for Winner and guest;
(c) a flight aboard a Douglas A-4 Skyhawk fighter jet (or a different aircraft selected at Sponsor’s sole discretion) for up to sixty (60) minutes. Winner and guest must meet the Prize Provider travel guidelines and restrictions, such as but not limited to: must be able to board the aircraft without assistance, not taller than 6’5″ or weigh more than 250 lbs., etc. Additional restrictions will apply. Fighter jet flight may be cancelled with short or no notice due to weather, mechanical issue, or crew availability. If the fighter jet flight is cancelled, or if Winner/guest chooses not to board the fighter jet or any portion of the prize, or travel with no guest, the remaining elements of prize shall constitute full satisfaction of Sponsor’s prize obligation to Winner and no additional compensation will be awarded.
Winner and guest must travel together on the same itinerary and on dates determined by Sponsor or forfeit all rights to prize. All details of prize will be determined in Sponsor’s sole discretion. Trip is subject to availability, certain restrictions and blackout dates apply. Prize is subject to certain terms and conditions as specified by Prize Provider. Winner and guest must follow all instructions given by representatives of Sponsor and/or Prize Provider at all times. Travel arrangements must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Winner and guest must have valid travel documents (e.g., valid government issued photo ID) prior to departure, and failure to do so will result in forfeiture of prize. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Prize does not include incidental charges, baggage fees, travel/medical insurance, extras, and/or gratuities. Guest, if any, is required to execute and return releases of liability and, where legal, publicity releases, or guest portion of the prize will be forfeited.
If guest is a minor, Winner must be such minor’s parent or legal guardian and must execute and return the Guest documents on minor’s behalf.
Sponsor reserves the right to substitute prize (or portion thereof) with a similar prize of comparable or greater value. If no substitute prizing is reasonably available then the remaining components, if any, of the prize shall constitute full satisfaction of Sponsor’s prize obligation to Winner, and no other or additional compensation will be awarded. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of prize by Winner. All travel and lodging will be at the risk of Winner and guest. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, and any related governmental or judicial actions, including but not limited to travel restrictions, taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Sweepstakes occurs, render the redemption or fulfillment of all or a portion of the prize delayed, hindered, adversely affected, impracticable, or impossible, Sponsor in its sole and absolute discretion, reserves the right to evaluate, make modifications to, and restructure the redemption and fulfillment processes and timelines for the prize, or portion thereof, that Sponsor is responsible for, which may include, but is not limited to, providing additional time for redemption and/or fulfillment. In addition, Winner and guest should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before traveling.
Prize ARV is up to $16,000. Trip ARV may vary based on, among other things, availability, existing rates at time of booking, dates of travel, and point of departure. Any difference between the stated ARV and actual value at the time the prize was fulfilled will not be awarded. All product and brand images are trademarks or registered trademarks of their respective companies, which are not sponsors or affiliated with this Sweepstakes.
Potential Winner will be notified via direct message within two (2) business days from the random drawing date. You are solely responsible for monitoring your Twitter account for notification. Potential Winner then must follow the directions in the direct message to provide his/her/their name, full mailing address, email address, and age within forty-eight (48) hours of notification or prize will be forfeited. Potential Winner is required to execute and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”). At the sole discretion of the Administrator, disqualification, forfeiture and the selection of an alternate potential Winner may result from any of the following:
a potential Winner’s failure to become a follower of @Netflix;
a potential Winner’s failure to follow the entry requirement set forth above in Section 3;
a potential Winner removed their Sweepstakes retweet prior to DM;
a potential Winner’s Account set to “private or protected” mode;
failure of DM due to deactivation of a potential Winner’s Account prior to DM;
a potential Winner’s failure to respond to DM by the deadline stated on notification;
the return of a DM or email as undeliverable;
a potential Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency;
potential Winner’s failure to return a completed Affidavit by the time and date stated on notification; and
any other non-compliance with Rules. In the event of prize forfeiture, the Administrator may, in its sole discretion, award or not award the forfeited prize to an alternate Winner. Sponsor will attempt to award the prize to up to ten (10) alternates, and if the prize still is not properly claimed, the prize will not be awarded. Winner is solely responsible for any applicable federal, state or local taxes on the prize. Sponsor will furnish an Internal Revenue Service 1099-Misc Form to Winner for the value of prize for the tax year in which prize was made available to Winner.
ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible for tampering or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes in such event. In the event of cancellation, Sponsor will award the prize in random drawing from among all eligible, non-suspect entries received prior to cancellation.
LIMITATIONS OF LIABILITY AND RELEASE:
Each Eligible Entrant agrees for Eligible Entrant and Eligible Entrant's heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Parties, Twitter, LLC, and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such Eligible Entrant’s participation in the Sweepstakes and/or his/her/their acceptance, possession, use, or misuse of the Sweepstakes or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Sweepstakes; (c) if selected as a Winner, to the posting of such Eligible Entrant’s name on the Website (as defined below) and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion. Use of Twitter or any accompanying website (collectively, “Website”) is at each Eligible Entrant’s own risk. No liability or responsibility is assumed by Released Parties resulting from an Eligible Entrant’s participation in, attempt to participate in, or download of any information in connection with participating in, the Sweepstakes or arising from or in connection with any claim based on copyright, trademark, right of publicity or privacy or any other intellectual property or contract rights, defamation and/or false endorsement; technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Sweepstakes: 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 providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed, or intercepted e-mail transmissions; inaccessibility or functionality of the Twitter account in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Released Parties are not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of Sponsor’s reasonable control. Released Parties are not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained in promotional materials or on the Website.
: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for the Eligible Entrant participating in arbitration (“Claimant”), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the AAA Rules. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the Claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither Claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ELIGIBLE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ELIGIBLE ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ELIGIBLE ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ELIGIBLE ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ELIGIBLE ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ELIGIBLE ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ELIGIBLE ENTRANT.
Except in Tennessee, and where prohibited by law, each Eligible Entrant and winner grants permission for Sponsor and those acting under its authority to use his/her/their name, entries, address (city and state), photograph/video, biographical material, social media handles, comments, voice and/or likeness, for advertising and/or publicity purposes, in any and all media now known or hereinafter developed, without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a Winner, your information may also be included in a publicly-available winner’s list.
GOVERNING LAW & JURISDICTION
: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules. By entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Los Angeles County, California for the resolution of all disputes not governed by arbitration, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
USE OF DATA:
WINNER’S LIST REQUEST:
For the winner’s name, mail your request to: “
Pepsi, Where’s My Jet
” Docuseries Sweepstakes Winner, c/o Ventura Associates, Ref: WG, 494 Eighth Avenue, Suite 1700, New York, NY 10001. Requests must be received by November 30, 2022.
Fonseca Chan + Associates LLC, 1005 Darby Rd, San Marino, CA 91108.
Ventura Associates International LLC, 494 Eighth Avenue, Suite 1700, New York, NY 10001, an independent judging organization whose decisions are final and binding with respect to the Sweepstakes.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to Sponsor, and not to Twitter. The information you provide will only be used in the event you are selected to be a winner.