Pepsi | Disclaimer

DISCLAIMER

LEGAL INFORMATION

PepsiCo Inc. This Pepsi branded website (“Site”) is set up for your personal entertainment, information, education and communication. Feel free to browse the Site, but please read these terms and conditions before doing so. This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by PepsiCo Inc. and its affiliates and used by PepsiCo Inc. its appointed bottlers throughout the world (the "Trademarks"). Your access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions"). PepsiCo Inc. The Site may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore you are encourages to periodically visit this page to review the current Terms and Conditions to which you are bound. By accessing and browsing and interacting with the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Site.

FRAUDULENT SMS DISCLAIMER

If you have received an SMS or an e-mail message congratulating you on winning a sum of money or any other prize from PepsiCo or any of its bottlers, when you have not or cannot recall entering any PepsiCo competition, please be warned that such communication could be fraudulent, and may have no connection with either PepsiCo or any of its authorised bottlers. Please do not reply to such an SMS or e-mail message, call the relevant numbers, transfer money into any unknown accounts, or provide any of your personal details to the sender.

If you are a winner of PepsiCo Competition, then the necessary arrangements would be made with you, whereby your banking details would not be requested.

As a precaution, and for the avoidance of any doubt rather contact the PepsiCo South Africa Business Unit offices at 0861500111 in order to validate the position.

Thank you.

Pepsi South Africa.

TERMS AND CONDITIONS

You should assume that all materials, designs, trademarks, text and images (collectively, the "Materials") contained in the Site are either the copyrighted property of PepsiCo Inc. or its affiliates , unless otherwise noted, or are the copyrighted property of third parties. PepsiCo Inc. neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with PepsiCo Inc.

You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete, manipulate, edit, distort or change the images in any way or alter the copyright, trademark and other proprietary notices contained on the Materials or Site. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video.

Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of PepsiCo Inc. PepsiCo Inc. and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.

While PepsiCo Inc. uses reasonable efforts to include accurate and up to date information in the Site, PepsiCo Inc. makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.

Information in the Site is subject to change without notice. Information regarding PepsiCo Inc.'s products and services is applicable only in South Africa unless otherwise noted. Some products and services may not be available in certain areas. PepsiCo Inc. makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from South Africa . Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.

Use of and browsing in the Site is done at user's own risk. Neither PepsiCo Inc. nor any other party involved in creating, producing or delivering the Site or any Site content shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

From time to time, PepsiCo Inc. may ask that you transmit to the Site by electronic mail your feedback on PepsiCo Inc.'s products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by PepsiCo Inc.PepsiCo Inc., (b) become the property of PepsiCo Inc. and PepsiCo Inc. shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by PepsiCo Inc. or its bottlers, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, PepsiCo Inc. shall be under no obligation to respond to any such communication.

Notwithstanding the foregoing, PepsiCo Inc. maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Submissions"), and therefore, you should not make any Submissions to PepsiCo Inc. in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of PepsiCo Inc. and PepsiCo Inc. shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, PepsiCo Inc. shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. PepsiCo Inc. shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future PepsiCo Inc. uses or activities.

The Trademarks displayed on the Site are registered and unregistered Trademarks of PepsiCo, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, PepsiCo Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

This Site may link to other sites not maintained by or related to PepsiCo Inc.. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of PepsiCo Inc.. PepsiCo Inc. has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk. In the event that PepsiCo Inc. may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, PepsiCo Inc. is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that would constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. PepsiCo Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing PepsiCo Inc. to disclose the identity of anyone posting any such information or materials.

All offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

PepsiCo Inc. maintains and operates this Site from its offices in Johannesburg South Africa. These Terms and Conditions are governed and interpreted under the laws of the Republic of South Africa . If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms and Conditions set forth the entire understanding and agreement between you and PepsiCo Inc. with respect to the Site. You acknowledge that any other agreements between you and PepsiCo Inc. with respect to the Site are superseded and of no force or effect.

PEPSI MAX TASTE CHALLENGE

Application: Please read the Pepsi Max Taste Challenge Campaign terms and conditions (“Terms”) carefully. These Terms apply to everyone entering the Pepsi Max Taste Challenge (“ Pepsi Max Taste Challenge”).

The Promoter: This activation is conducted by Little Green Beverages (Pty) Ltd trading as The Beverage Company (‘’BevCo’’), situated at 20 Anvil Road, Isando, 1609 under authority by PepsiCo Inc. (“PepsiCo”) together with its appointed marketing agencies (DUKE; Apex and H&A Manufacturing (Pty) Ltd) (“Promoters”).

Terms: Instructions on how to participate in the Pepsi Max Taste Challenge, the rules and directions all form part of these Terms. If you take part in this Pepsi Max Taste Challenge, you expressly agree to be bound by these Terms and accept that the Promoter’s decision is final and shall be made in the Promoters’ sole, absolute and unfettered discretion .

Pepsi Max Taste Challenge Period: The Pepsi Max Taste Challenge will start on 21st September 2022 at 00:01 and will end on 31 December 2022 at 00:00.

Eligibility: The Pepsi Max Taste Challenge is open to all citizens and legal residents of South Africa.. You must be 18 (eighteen) years old or older to enter this Pepsi Max Taste Challenge. If you are under the age of 18, you need consent from your guardian to participate in the Pepsi Max Taste Challenge.

How to Participate

Attend a Pepsi Max Taste Challenge activation at the below locations :;

Complete the electronic registration form at participating mall activation.

Take the Pepsi Max Taste Challenge – blind-taste challenge.

Menlyn Mall GP	Booked for 24th &25th Sep. Cavendish Court 9 am – 6pm (Both days)
Mall of Africa GP	Booked for 24th & 25th Sept. Outside area by food section. 10 am – 6pm (Both days)
Sandton City Mall GP	Booked for 24th & 25th Sept. Checkers Court 9 am to 6pm (Both days)
Pavillion Mall KZN	Booked for 24th & 25th Sept. Foschini Court 9am – 7pm (Both days)
Tyger Valley Mall Cape Town	Booked for 24th & 25th Sept. Trutworths Court 9am – 7pm (Saturday) & 9am – 5pm (Sunday)
V&A Waterfront	Booked for 1st & 2nd October . Outside area. 9 am – 5pm (Both days)
Fourways Mall GP	Booked for 24th & 25th September. Crocs Court 9am – 7pm (Saturday) 9 am – 5pm (Sunday)
Sandton City Mall	Booked for Jan – Dates TBC
MOA	Booked for 16, 17 Dec
Fourways Mall	Booked for Jan – Dates TBC
Canal Walk	Booked for 16, 17 Dec. PnP Court booked both days
Cornubia Mall	Booked for 16,17 Dec. Bounce Court booked both days
Ballito Junction	Booked for 16, 17 Dec
Boardwalk Mall	Booked for 10,11 Dec. Sun parks Arena booked both days
Maponya Mall	Booked for 26, 27 Nov
V & A Waterfront	Booked for 20, 21 Dec. Outside area. 9 am – 5pm (Both days)

Indemnity: To the maximum extent allowed by law, you indemnify the Promoter, its affiliates, associated companies, advertising agencies, advisers, suppliers, and agents against any and all claims, loss, damage harm, injury of any nature whatsoever resulting from your participation in this Pepsi Max Taste Challenge , even where arising from negligent acts or omissions of the Promoters.

Publicity: The Promoter may require (for its own use or its affiliates’ use) the participants and/or winners to be identified, photographed and to have the photographs published in various media, including print, social media, or to appear on radio and television and web-based media, for purposes of the Pepsi Max Taste Challenge or for the business of the Promoters. The Promoters may ask to use your image for marketing purposes, without any payment to you. You may decline this request in so far as it relates to the Pepsi Max Taste Challenge. By posting any content, experiences, images on any social media platform, in relation to this Pepsi Max Taste Challenge and its associated promotional activities, participants consent and give the Pepsi Max Taste Challenge a world-wide, royalty free and non-exclusive license, to reproduce, modify, adapt and publish any content created in relation to the Pepsi Max Taste Challenge, for the purposes of promoting the products and services of the Pepsi Max Taste Challenge.

Intellectual Property The copyright, intellectual property rights, image rights and any other rights vesting in any Pepsi Max Taste Challenge footage, posts and photographs (whether depicting the winner or not) shall remain the property of the Promoters), who reserves the right to use it in any way.

Cancellation and Changes: The Promoter may cancel or make changes to the Pepsi Max Taste Challenge or , at their own discretion , at any time and without prior notice , where the Promoter believes that the change or cancellation is necessary or where things which are outside of the control of the Promoter happen. Any changes will be posted either within the Pepsi Max Taste Challenge information or these Terms and will become effective immediately after being made or on a date chosen by the Promoter. You will not have any claim against the Promoters because of the changes in the Terms.

Technical failures and Unauthorized intervention: The Promoter is not responsible for any problems or technical fault of any telephone network, online systems, servers, equipment, software, failure of any e-mail or entry to be received by the Promoter on account of technical problems, human error or traffic congestion on the internet or at any web site, or any combination of these things, including any damage to your computer, resulting from your participation in this Pepsi Max Taste Challenge or your downloading any materials in this Pepsi Max Taste Challenge .

Non-Waiver of Terms: A failure by the Promoters, the Promoters’ affiliates and/or its associated companies to enforce any one of the Terms in any instance(s) will not give rise to any claim or right of action by any participant, nor shall it be deemed to be a waiver of any of the Promoters’, the Promoters’ affiliates and/or its associated companies’ rights in relation to the same.

Data Privacy: By participating in the Pepsi Max Taste Challenge , you consent to the transfer, storage and processing of your personal information. You may withdraw this consent at any time by written notification to the Promoter: https://www.pepsi.co.za/. The Promoter and its affiliates will collect and use the personal information listed herein (a) to enable your participation in this Pepsi Max Taste Challenge; (b) for activities related to this Pepsi Max Taste Challenge ; (c) for the Promoter’s, its affiliates and subsidiaries’ marketing purposes; and (d) for communication to you about products and product offers of the Promoter. The Promoter will not use the personal information for a different purpose without first obtaining your permission. The Promoter keeps personal information to fulfil the purposes for which it was collected or as required by applicable laws or regulations and the Promoter’s privacy policy: https://www.pepsi.co.za/. Save for the Promoter’s affiliates and the Promoter’s service providers for the fulfilment of (a), (b) and (c), the Promoter shall not allow third parties to use your personal information. You further agree that your personal information may in appropriate circumstances reside outside of South Africa, and you hereby agree to the transfer of your personal information to locations outside of South Africa and the use of your personal information in such locations as described in this clause.

Termination: If required by the Minister for Trade and Industry, the National Consumer Commission or National Consumer Tribunal, or for any other reason whatsoever, the Promoters will be entitled to terminate the Pepsi Max Taste Challenge immediately without any notice to the Entrants. In such an event all participants hereby waive any rights which they may have against the Promoters.

Severability: If any provision of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of any remaining provisions.

Law and jurisdiction: These Terms are governed by the laws of South Africa. You consent to the non-exclusive jurisdiction of the High Court (Gauteng Local Division, Johannesburg) for all matters which are connected to these Terms.

Questions: Please contact customercare@thebevco.co.za, or the Customer Care Line – 0861 500 111 if you have any questions about this Pepsi Max Taste Challenge .

Where to find these Terms: A copy of these Terms is available at https://www.pepsi.co.za/

REFRESHHH, REBOOST AND PEPSI - SPAZA SHOPS LOYALTY PROGRAMME T’s & C’S

This promotional Spaza Loyalty Programme (“Loyalty Programme”) is run by Little Green Beverages (Pty) Limited trading as The Beverage Company (“the Promoters”).

This Loyalty Programme commences on 1st October and ends at midnight on 31st December 2022. (“Loyalty Programme Period”). Late and or incomplete submissions will not be accepted. Under no circumstances shall the Promoters, its associated companies (directors, officers, and employees), affiliates and agents take responsibility for entries that are delayed.

This Loyalty Programme is open to all Spaza Shops (“Participants) who confirm that they:
1. are conducting a legitimate business subject to any and all legislation that may be applicable,
2. are duly authorised to participate in the Loyalty Programme,
3. hold a valid Identity card and/or Passport,
4. will make use of any and all relevant Digital channels that “The Loyalty Programme” may use from time to time,
5. not abuse any of the platforms as envisaged in (iv),
6. grant the Promoters permission to terminate the Participant’s entry should it become known that the Participant has not adhered to any of the aforementioned,
7. grant the Promoters permission to terminate the Participant’s entry should it become known that the Participant has breached any material terms and/or qualifying requirements of whatsoever nature regarding these terms and conditions.

By entering the Loyalty Programme, all Participants agree to be bound by these rules, terms, and conditions (“T’s & C’s”).

To enter this Loyalty Programme, Participants will need to purchase the quantity of the selected product(s) as detailed below from a participating store to qualify for a prize:

NO.	PURCHASE CATEGORY	SELECTION OF PRIZES
5.1	200 cases of Refreshhh, Reboost or Pepsi	1x Wheelbarrow or 1x Gas Stove or Stock to the value of R 1000
5.2	300 cases of Refreshhh, Reboost or Pepsi	1x Beverage Trolley or 1x Bicycle or Stock to the value of R 1500
5.3	400 cases of Refreshhh, Reboost or Pepsi	1x Jojo Take (+- 1000L) 1x Samsung 32GB Smartphone Stock to the value of R 2000
5.4	500 cases of Refreshhh, Reboost or Pepsi	1x Branded Gazebo 1x Bluetooth Trolley Speaker Stock to the value of R 2500
5.5	1000 cases of Refreshhh, Reboost or Pepsi	1x Generator 1x Stove revamp Stock to the value R 5000

All qualifying Participants will have an option to select 1 (one) prize from the purchase category however Participants expressly acknowledge that all prizes are subject to availability, and should any prize be unavailable then a prize of comparable commercial value /model or specification will be substituted. No participant shall have any recourse against the Promoters as a result of the alterations of the prizes.

Upon purchase, Participants must obtain the Loyalty Program qualifying form from the participating store. Participants must complete the form with the necessary information and correctly select the preferred prize from the options provided. Once completed Participants can either submit the qualifying form together with the proof of purchase to the participating store or to their BEVCO representative to redeem their Prize.

All Participants who qualify for a Prize will be required by the Promoters, to participate in an audit verification process and provide a copy of their Identity Document, business registration documents and any other documentation that may be required i.e., a valid TV licence in the case of a TV, where applicable to the participating stores where the redeeming of the Prize takes place. Once the required audit verification has been completed, confirmed, and verified, the Participant will receive the allocated prize.

All prizes can only be redeemed from 01 January 2023 after verification of the results by the Promoters.

All prizes are strictly non- negotiable, non- transferable or exchangeable and may not be redeemed for cash.

The prizes may be subject to additional terms and conditions not mentioned hereunder, but in accordance with relevant South African legislation.

Promoters will not be responsible for any other expenses whatsoever which the Participant may incur because of the Prizes, whether foreseen or not.

By entry into this Loyalty Programme, Participants grant the Promoters express consent to publish their names and business names on their relevant social media platforms including but not limited to the Promoters Twitter page.

The Promoter may make media announcements/publications of the Participants name/photographs of the prize Winner. Winners may be invited to take part in publicity but will be afforded the opportunity to decline such invitation. Winners will not be entitled to any payment or remuneration for any such publicity. All publicity materials shall remain the sole property of the Promoters.

The Promoters reserve the right to terminate, temporarily suspend or amend this Loyalty Programme in the event of any unforeseen circumstances outside its reasonable control or other technical and/or other difficulties that might compromise its integrity.

Any Participant who transgresses any of these terms and conditions or disparages the Loyalty Programme or promotional brand/s in any way or who acts in any way contrary to the spirit of this Loyalty Programme may be banned from entry into this, or into any other of the Promoter’s promotional Loyalty Programme’s. The Promoters reserve the right (subject to applicable law) to disqualify or ban any individual /business who tampers with or attempts to subvert or interfere with the Loyalty Programme or entry process or prize retrieval process.

Unlawful, fraudulent, or otherwise dishonest conduct or any conduct in breach of these Rules by a Participant and/or their parents/guardians, determined in the Promoter’s sole discretion, may result in disqualification from the Loyalty Programme and ineligibility to win any Prize.

In the event of a dispute, the decision of the Promoters will be final, and binding and no correspondence will be entered into. In this regard and for further clarity, the Promoters shall be entitled to deal with such disputes (or any failure by Participants to follow the rules) in their sole discretion, including that the Promoters shall be entitled to immediately disqualify Participants from this Loyalty Programme.

The decisions of the Promoters are final and may not be challenged. No correspondence will be entertained.

Under no circumstances shall the Promoters, its associated companies (directors, officers, and employees), affiliates and agents, be liable to anyone who participates in this Loyalty Programme for any direct or indirect or consequential loss, howsoever arising which may be suffered as a result of the recklessness of negligence of the Participant or where such loss is not due to the recklessness or negligence of the Promoters or where such loss or harm could not reasonably have been foreseen.

Should any claims arise from defects related to the prizes, winners must pursue such claims directly with the manufacturer thereof. For avoidance of doubt, the Promoters is not liable for any defect in the Prizes. All ancillary costs, including but not limited to transport, meals, personal and incidental expenses, insurance, government taxes or other fees applicable, are the responsibility of the winners, and/or Participants.

Participants in this Loyalty Programme hereby indemnify, release, and hold harmless the Promoters and their successors, employees, officers, suppliers, contractors, agents, consultants, directors, and shareholders from and against any losses, claims, proceedings, actions, damages, liability for harm, injury, or death, demands, expenses or any costs howsoever arising out of their participation in this Loyalty Programme or their use of the prizes, and/or any person with whom they share that prize.

In cases where prize of money (cash) is paid into the incorrect bank account or such monies or part thereof are stolen, the Promoters will not replace or reimburse the remaining balance of the cash. The Promoters will not be responsible for any balance of cash lost as a result of theft or fraud. The Promoters will not be responsible for any unauthorised use of cash where the card number, PIN, bank account details, or any authorising credentials have become known to another party.

The Promoters reserves the right to cancel or amend or alter the Loyalty Programme and its rules or prizes (not already awarded, to any other substitute prize of comparable commercial value) at their own discretion at any time if deemed necessary in their opinion and/or if circumstances arise outside of their control, without prior notice and no Participant shall have recourse for such cancellation or alteration. Any changes will be posted either within the Loyalty Programme information or these terms and conditions shall become effective immediately after being altered or on such date as may be determined by the Promoters. No Participant shall have any recourse against the Promoters as a result of the alterations of the rules or prizes.

All Participants and winners to the maximum extent permitted by law, indemnify the Promoters, its associated companies (directors, officers, and employees), affiliates and agents, against any/all claims for any loss or damages, whether direct, indirect, consequential, or otherwise, harm, injury of any nature whatsoever arising from any cause whatsoever from their participation in any way whatsoever in this Loyalty Programme.

The laws of South Africa govern these terms and conditions and Participants agree to be subject to the exclusive jurisdiction of the South African court.

By entry into this Loyalty Programme, Participants grant the Promoters express consent to process their personal information as required in respect of this Loyalty Programme including to publish their names on their relevant social media platforms.

All Participants are advised that in compliance with the laws of the country, the Promoters is required to retain certain information (where applicable) of Participants and winners for a period of time (“Personal Information”). Such Personal Information to be retained by the Promoters includes (but is not limited to) the full names, identity numbers, addresses, contact details and winner’s acknowledgment of prize receipts. Accordingly, the Promoters will require the winners to provide written confirmation of permission to enable the Promoters to ensure compliance with these rules, as well as with the Protection of Personal Information Act 2013 (Act No 4 of 2013); (“POPI”) and South African Consumer Protection Act 68 of 2008 (“Consumer Act”). Should any Participant and/or winner refuse or be unable to comply with this rule for any reason, such Participant and/or winner will be deemed to have rejected the Prize(s) and it shall revert back to the Promoters.

In terms of the provisions of POPI, any personal data relating to the Winner, or any other Participants will be used solely in accordance with the Act (defined above) and POPI for the envisaged purpose and will not be disclosed to a third party without the Participant’s prior consent.

All terms and conditions of this Loyalty Programme shall be strictly private and confidential insofar as the confidential information is not in the public domain.

The Participants consent, by taking part in the Loyalty Programme to the Promoters using the personal information collected through the Loyalty Programme to adjudicate the Loyalty Programme and for future marketing purposes by the Promoters. This Loyalty Programme is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. The Participant by, partaking in the Loyalty Programme consents to his/her personal information to be shared with the Promoters employees, contractors or agents for the purpose of this Loyalty Programme and for the purpose of sharing future Loyalty Promotions.

In the case of queries regarding this Loyalty Programme, Participants can contact the Promoters directly by emailing customercare@thebevco.co.za

A copy of these Loyalty Programme rules may be viewed from www.reboostenergy.com, www.pepsi.co.za, www.refreshhh.co.za

Pepsi UCL Commentary Challenge – Terms and Conditions/Rules

Application: Please read the Pepsi Commentary Challenge terms and conditions (“Terms”) carefully. These Terms apply to everyone entering the Pepsi Commentary Challenge.

The Promoter: This campaign is conducted by Little Green Beverages (Pty) Ltd trading as The Beverage Company (‘’BevCo’’), situated at 20 Anvil Road, Isando, 1609 under authority by PepsiCo Inc. (“PepsiCo”) together with its appointed marketing agencies (DUKE; Apex and H&A Manufacturing (Pty) Ltd) (“Promoters”).

Terms: Instructions on how to enter the Pepsi Commentary Challenge, the rules, directions and prizes all form part of these Terms. If you take part in this Pepsi Commentary Challenge, you expressly agree to be bound by these Terms and accept that the Promoter’s decision is final and shall be made in the Promoters’ sole, absolute and unfettered discretion .

Pepsi Commentary Challenge Period: The Pepsi Commentary Challenge will start on 01 May 2023 at 00:01 and will end on 30 June 2023 at 00:00.

Eligibility: The Pepsi Commentary Challenge is open to all citizens and legal residents of South Africa. You must reside in South Africa at the time of winning or receiving any prize in the Pepsi Commentary Challenge. You must be 18 (eighteen) years old or older to enter this Pepsi Commentary Challenge and have a valid South African Identity document, or a valid passport, and necessary residency permission. If you are under the age of 18, but above the age of 13, you may enter the Pepsi Commentary Challenge with written consent from your guardian
People who may not enter the Competition: Any person who is a director, member, partner, employee or agent of, or consultant (“Associates”) of the Promoter and/or PepsiCo Inc., or any other person who directly or indirectly controls, is employed by or is controlled by the Promoter, and/or immediate family members of Associates, who are indirectly or directly connected to or employed by any party in the aforementioned capacities or relationships, their advertising agencies, manufacturers, distributors or bottlers of beverages identified by the trademarks owned by or licensed to PepsiCo Inc. and each of their affiliates (“Disqualified Persons”).

How to Enter:
1. In TikTok, tap the SHARE button on the side of the video which you would like to add your commentary to.
2. Tap DUET at the bottom.
3. Choose from the filming options on the side panel.
4. Choose the vertical option.
5. Tap the RECORD button to start and stop your recording, then tap the check mark.
6. Edit your video, then tap NEXT.
7. Adjust your settings, write a caption, tag #CHANGEYOURDRINK #PEPSI #PEPSICOMMENTARYCHALLENGE and tap POST.
Prizes to the value of R50 000.00 excl. VAT in total for the campaign period will be awarded weekly to the top 5 performing entries – X5 Winners will receive Pepsi Merchandise to the value of R10 000.00. Winners will be contacted via Direct Message (DM). Prizes will be delivered to final winners.

Indemnity: To the maximum extent allowed by law, you indemnify the Promoter, its affiliates, associated companies, advertising agencies, advisers, suppliers, and agents against any and all claims, loss, damage harm, injury of any nature whatsoever resulting from your participation in this The Pepsi Commentary Challenge, even where arising from negligent acts or omissions of the Promoter.

Publicity: The Promoter may require (for its own use or its affiliates’ use) the participants and/or winners to be identified, photographed and to have the photographs published in various media, including print, social media, or to appear on radio and television and web-based media, for purposes of the Pepsi Commentary Challenge or for the business of the Promoter. The Promoter may ask to use your image for marketing purposes, without any payment to you. You may decline this request in so far as it relates to the Pepsi Commentary Challenge. By posting any content, experiences, images on any social media platform, in relation to this Pepsi Commentary Challenge and its associated promotional activities, participants consent and give the Pepsi Commentary Challenge a world-wide, royalty free and non-exclusive license, to reproduce, modify, adapt and publish any content created in relation to the Pepsi Commentary Challenge for the purposes of promoting the products and services of the Pepsi Commentary Challenge.

Intellectual Property The copyright, intellectual property rights, image rights and any other rights vesting in any competition footage, posts and photographs (whether depicting the winner or not) shall remain the property of the Promoters), who reserves the right to use it in any way.

Transgressions: Any participant who transgresses any of these terms and conditions or disparages the promotion or promotional brands in any way or who acts in any way contrary to the spirit of this Pepsi Commentary Challenge, may be banned from entry into this, or into any other of the Promoters or PepsiCo promotional competitions, for a period deemed appropriate by the Promoter. Any attempt to damage or interfere with the social media pages and website used in connection with the Pepsi Commentary Challenge or the information on it, or to otherwise undermine the legitimate operation of the Pepsi Commentary Challenge may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. The Promoters reserve the right (subject to applicable law) to disqualify or ban any individual who tampers with or attempts to subvert or interfere with the Pepsi Commentary Challenge social media channels or entry process or prize retrieval process.

Cancellation and Changes: The Promoter may cancel or make changes to the Pepsi Commentary Challenge, the Terms or prizes at their own discretion, at any time and without prior notice , where the Promoter believes that the change or cancellation is necessary or where things which are outside of the control of the Promoter happen. Any changes will be posted either within the Pepsi Commentary Challenge information or these Terms and will become effective immediately after being made or on a date chosen by the Promoter. You will not have any claim against the Promoter because of the changes in the Terms or the prizes.

Technical failures and Unauthorized intervention: The Promoter is not responsible for any problems or technical fault of any telephone network, online systems, servers, equipment, software, failure of any e-mail or entry to be received by the Promoter on account of technical problems, human error or traffic congestion on the internet or at any web site, or any combination of these things, including any damage to your computer, resulting from your participation in this Pepsi Commentary Challenge or your downloading any materials in this Pepsi Commentary Challenge.

Consumer Protection Act: The Pepsi Commentary Challenge will be conducted according to the relevant provisions of the Consumer Protection Act, 2008 (“CPA”). Should you win a prize in the Pepsi Commentary Challenge, you will promptly do all things necessary to allow the Promoter to comply with its obligations under the CPA including, but not limited to (i) providing any personal information required to facilitate handing over the prize (including providing proof of address and identity number) and (ii) signing receipt of the prize when it is delivered.

Non-Waiver of Terms: A failure by the Promoters, the Promoters’ affiliates and/or its associated companies to enforce any one of the Terms in any instance(s) will not give rise to any claim or right of action by any participant or prize winner, nor shall it be deemed to be a waiver of any of the Promoters’, the Promoters’ affiliates and/or its associated companies’ rights in relation to the same.

Data Privacy: By participating in the Pepsi Commentary Challenge, you consent to the transfer, storage and processing of your personal information. You may withdraw this consent at any time by written notification to the Promoter: https://www.pepsi.co.za. The Promoter and its affiliates will collect and use the personal information listed herein (a) to enable your participation in this Pepsi Commentary Challenge; (b) for activities related to this Pepsi Commentary Challenge; (c) for the Promoter’s, its affiliates and subsidiaries’ marketing purposes; and (d) for communication to you about products and product offers of the Promoter. The Promoter will not use the personal information for a different purpose without first obtaining your permission. The Promoter keeps personal information to fulfil the purposes for which it was collected or as required by applicable laws or regulations and the Promoter’s privacy policy: https://www.pepsi.co.za. Save for the Promoter’s affiliates and the Promoter’s service providers for the fulfilment of (a), (b) and (c), the Promoter shall not allow third parties to use your personal information. You further agree that your personal information may in appropriate circumstances reside outside of South Africa, and you hereby agree to the transfer of your personal information to locations outside of South Africa and the use of your personal information in such locations as described in this clause.

Termination: If required by the Minister for Trade and Industry, the National Consumer Commission or National Consumer Tribunal, or for any other reason whatsoever, the Promoters will be entitled to terminate the Pepsi Commentary Challenge immediately without any notice to the Entrants. In such an event all participants hereby waive any rights which they may have against the Promoters.

Severability: If any provision of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of any remaining provisions.

Law and jurisdiction: These Terms are governed by the laws of South Africa. You consent to the non-exclusive jurisdiction of the High Court (Gauteng Local Division, Johannesburg) for all matters which are connected to these Terms.

Questions: Please contact customercare@thebevco.co.za , or the Customer Care Line – 0861 500 111 if you have any questions about this Pepsi Commentary Challenge.

Where to find these Terms: A copy of these Terms is available at https://www.pepsi.co.za/

MOUNTAIN DEW SHELL & ENGEN PFM 2023 PROMOTION

Application and Promoters: Please read these competition terms and conditions (“Terms”) carefully. These Terms apply to all persons entering the promotional competition (the “Competition”) conducted by Little Green Beverages (Pty) Ltd trading as The Beverage Company (‘’BevCo’’), situated at 20 Anvil Road, Isando, 1609 under authority by PepsiCo Inc. (“PepsiCo”) together with its appointed marketing agencies (DUKE; Apex and H&A Manufacturing (Pty) Ltd) (“Promoters”).

Terms: Instructions on how to enter this Competition including all rules, mechanics, procedures, directions and all prizes form part of these Terms. If you take part in this Competition, you expressly agree to be bound by these Terms and accept that the Promoters’ decision is final and shall be made in the Promoters’ sole, absolute and unfettered discretion, and that no correspondence will be entered into. Prizes are not negotiable, transferable, substitutable or exchangeable in any form.

Eligibility: The Competition is open to all citizens and legal residents of South Africa, and who at the time of entering the Competition are over the age of 18 (eighteen) years and are in possession of a valid South African Identity Document and have a valid South African bank account (note: in the case of residents: participants/entrants must also have a valid passport and necessary residency permission) (“Entrants” or “Participants”). Persons excluded from entering the promotional competition are any person who is a director, member, partner, employee or agent of, or consultant (“Associates”) of the Promoters, BevCo and/or PepsiCo, or any other person who directly or indirectly controls, is employed by or is controlled by Promoters, and/or immediate family members of Associates, who are indirectly or directly connected to or employed by any party in the aforementioned capacities or relationships, their advertising agencies, manufacturers, distributors or bottlers of beverages/products identified by the trademarks owned by or licensed to PepsiCo Inc. and its affiliates (“Disqualified Persons”). Any person who has won a prize from PepsiCo Inc. or the Promoters in the last 24 (twenty-four) months (as from the 1st May 2023) may not qualify as a winner under this promotional competition.

Competition Period: The Competition will run from the 1st May 2023 at Shell and Engen at 00:01 and will end on the 30th July 2023 at Shell outlets & 31st August 2023 at Engen Outlets at 00:00 (“Competition Duration” or “Promotional Period”).

ENTRY MECHANIC: To stand a chance of winning a Prize in the Competition, entrants must: (i) Purchase 2 X 600/500ml PET (plastic) bottle of Mountain Dew, Pepsi, Marinda or 7Up Free product during the Promotional Period and receive a Scratch Card from the exclusive outlet. (ii) Scratch to Win , by revealing the unique code for a chance to win instant Prizes and an entry into the Bi-Weekly draw for a chance to win 1 of 8 PlayStation 5’s. (iii) Participants must dial *120*9904 # and follow the prompts and have the Unique Code ready for submission. Network rates apply to each entry submitted, R0.50 per 20 seconds. (iii) Participants may enter this Competition as many times as they like, however each unique code may only be used once. (iv) By entering into the competition, the consumer gives direct ‘’opt in’’ consent to receive Marketing/Communications material from the Promoters.

PRIZES: Participants who enter the Competition, stand a chance to win a share of R 1 250 000.00 (One Million, Two Hundred & Fifty Thousand Rand) in prizes. The R 1 250 000 consists of a GRAND PRIZE of 1 of 8 PlayStation 5s and daily and weekly airtime, data & Incredible Connection Vouchers. With each entry, the Participant stands a chance to win: • A share of R565 400 in airtime • A share of R99 400 in data • A share of R397 600 in Incredible Connection Gaming vouchers • 1 of 8 PlayStation 5’s
1. Participants expressly acknowledge that all prizes are subject to availability, and should any prize be unavailable then a prize of similar price /model or specification will be substituted. No participant shall have any recourse against the Promoters as a result of the substitution of the prizes.
2. Daily airtime, data & Incredible Connection Prize Winner Selection and Verification:
  1. Mobile airtime prizes of values of R10 will be given away on a daily basis during the period of the Competition. A total of R565 400 worth of mobile airtime will be given away.
  2. gig of data vouchers are to be given away over a period of 4 (four) months. A total of R99 400 mobile data will be given away.
  To qualify to win the mobile data, the mobile number by which the winner entered the Competition must be on a pay-as-you-go or pre-paid subscription or contract. Winners of mobile data will be advised thereof by SMS and the number which the winner used to enter the Competition will automatically be credited with the amount of the mobile data won. Should mobile data prizes be awarded to a mobile number that is unable to utilize the prize (i.e., the mobile number is not on a prepaid subscription), the prize will be withdrawn and re-entered into the prize pool for distribution to other Participants.
3. Incredible Connection Gaming Vouchers valued at R400 .00.
  1. Winners of gaming vouchers will receive a SMS on the number used to enter the Competition, the SMS will contain a unique code which the winner must redeem at an Incredible Connection store. Additional terms and conditions will apply.
    Each draw winner (with the exception of mobile data winners and gaming voucher winners) will be notified telephonically within 48 hours after the lucky draw, on the mobile number on which the winner entered the Competition. Should the winner not answer after 3 (three) telephone calls, the winner will forfeit their winnings and a redraw will take place to find a new winner.
    Prizes will be couriered to the winners thereof from Monday to Friday, between the hours of 09:00 am and 17:00 pm. The Promotor or its agent will contact each winner to advise the winner of the approximate date and time of delivery of the prize. Each winner must provide the Promotor with a suitable physical address at which the winner is prepared to accept delivery of the prize.
    Delivery of the prize must be accepted within 30 (thirty) days from the date on which the winner is notified telephonically that he has won the prize.
    The winner must provide the Promoter and/or its agent with original proof of identification (ID) and proof of residence upon delivery of the prize.
    If the winner fails to accept delivery of his prize within the period stipulated above, the winner will forfeit their prize.
4. Participants stand a chance to win 1 (one) of 8 (eight) PlayStation 5s in bi-weekly draws. A single possible winning entry will be randomly drawn from all valid entries received from the 1st May 2023 to 31st August 2023.
  1. Grand Prize Winner Selection and Verification: The Promoters will conduct a random Bi- Weekly draw from the total list of valid entries to determine the possible Grand Prize winners. The potential winners will be contacted by the Promoters via the mobile number by which the winners entered the Competition, will be required to participate in an audit verification process and provide a copy of their Identity Document/Proof of Residency. Once the required audit verification has been completed, confirmed and verified, the possible winners will be declared as (1) one of 8 (Eight) official Grand Prize winners and will be contacted by Promoters to complete, sign and return a prize acceptance form. If the Promoters are unable to get hold of the potential Grand Prize winners on the mobile number by which the winners entered the Competition, in order to inform the potential Grand Prize winner that he/she is a potential winner; and/or if the potential Grand Prize winner does not provide the Promoters with a copy of their Identity Document; Proof of Residence; the completed, signed prize acceptance form within 2 (two) days of request by the Promoters to do so, the Promoters will keep trying for 48 (forty eight) hours before a replacement/ substitute Grand Prize winner is drawn in the same manner as the first. The Grand Prize will be couriered to the winner’s nominated postal address account within 30 (thirty) days after the audit verification process has been completed and the winner has provided the Promoters with all required documents.
  2. In cases where the winner supplied the incorrect postal address, or where the prize is stolen as a result thereof, the Promoter will not replace or reimburse the winner with another prize.

Image Rights and Publication 7.1 The entry material (video or photo) of all Competition participants, and the names of the Weekly Prize Winners and Grand Prize Winner may be published on the Promoters social media sites, and accordingly by participating in this Competition , all entrants are deemed to have read and understood the terms and conditions of the social media sites of Facebook, Twitter, Promoter’s website, and of entrants’ mobile network service provider, and entrants further allow the Promoter’s permission to publish his/her name and photograph on the Promoter’s Social Media pages. 7.2 All winners may be requested by the Promoters to be identified and photographed and may be required to appear on any form of media and/or social media, including but not limited to print and web based media or to appear on radio and television when accepting their prize or after having received their prize, for which no fee will be payable, and subject to the provision that the winner may at any time prior to such marketing appearance or publication of their image, decline the publication of their image or participation in the Promoters’ marketing material.

Entry Expenses: Promoters will not be responsible for any other expenses whatsoever which the winner may incur as a result of their acceptance and/or use of the Weekly Prizes, whether foreseen or not.

Intellectual Property: The copyright, intellectual property rights, image rights and any other rights vesting in any competition footage, posts and photographs (whether depicting the winner or not) shall remain the property of the Promoters), who reserves the right to use it in any way.

Transgressions: Any participant who transgresses any of these terms and conditions or disparages the promotion or promotional brands in any way or who acts in any way contrary to the spirit of this Competition, may be banned from entry into this, or into any other of the Promoters or PepsiCo promotional competitions, for a period deemed appropriate by management. Any attempt to damage or interfere with the social media pages and website used in connection with the Competition or the information on it, or to otherwise undermine the legitimate operation of the Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. The Promoters reserve the right (subject to applicable law) to disqualify or ban any individual who tampers with or attempts to subvert or interfere with the Competition social media channels or entry process or prize retrieval process.

Cancellation and Amendment: The Promoters reserve the right to cancel or amend or alter the Competition and its rules or prizes (not already awarded, to any other substitute prize of comparable commercial value) at their own discretion at any time, if deemed necessary in their opinion and/or if circumstances arise outside of their control, without prior notice and no entrant shall have recourse for such cancellation or alteration. Any changes will be posted either within the competition information or these terms and conditions shall become effective immediately after being altered or on such date as may be determined by the Promoters. No participant shall have any recourse against the Promoters as a result of the alterations of the rules or prizes.

Invalid Entries: Entries which are unclear, illegible, incomplete, are submitted via an incorrect entry mechanism or contain errors or false information or from Disqualified Persons, will be declared invalid. The Promoters may refuse to award the prize if the Terms have not been adhered to or if the Promoters detect any irregularities or fraudulent practices. If the Promoters are unable to reach any entrant or complete the verification process after drawing his/her entry for whatsoever reason, such entrant will be disqualified and the draw of a replacement entry shall take place in the same manner as the first draw.

Defects and Applicable Costs: The Promoters, the Promoters’ affiliates and/or its associated companies are not liable for any defect in the Prizes. All ancillary costs, including but not limited insurance, government taxes or other fees applicable, are the responsibility of the winners, and/or entrants. Should any claims arise from defects related to the weekly prizes, winners must pursue such claims with the manufacturer thereof.

Limitation of Liability: All entrants, participants and the winners and users of the prizes to the maximum extent permitted by law, indemnify the Promoters and PepsiCo, their advertising agencies, advisers, nominated agents, suppliers and Bottlers of beverages identified by the trademarks owned by or licensed to PepsiCo Inc., PepsiCo Inc. affiliates and/or associated companies against any and all claims, loss, damage, harm, injury of any nature whatsoever arising out of and/or from their participation in any way howsoever in this Competition (including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of the Promoters and/or use of the Prizes).

Technical failures and Unauthorized intervention: If for any reason the Competition is not capable of running as planned as a result of any technical failures, unauthorized intervention, computer virus, mobile network failure, social media site downtime, tampering, fraud or any other causes beyond the Promoters’ control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, the Promoters reserve the right to cancel, terminate, modify or suspend the Competition or to disqualify or ban any individual who (whether directly or indirectly) causes (or has caused or has attempted to cause) the problem. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoters, the Promoters’ affiliates and/or its associated companies and which prevents the Promoters, the Promoters’ affiliates and/or its associated companies from complying with these Terms the Promoters will not be liable for any failure to perform or delay in performing its obligation.

Lost and Stolen Prizes: In cases where prize of money (cash) is paid into the incorrect bank (and where such account has been provided by the participant) account or such monies are stolen or, the Promoters will not replace or reimburse the remaining balance of cash. The Promoters, the Promoters’ affiliates and/or its associated companies will not be responsible for any balance of cash lost as a result of theft or fraud. The Promoters, the Promoters’ affiliates and/or its associated companies will not be responsible for any unauthorised use of cash where the card number, PIN, bank account details or any authorising credentials have become known to another party.

Non-Waiver of Terms: A failure by the Promoters, the Promoters’ affiliates and/or its associated companies to enforce any one of the Terms in any instance(s) will not give rise to any claim or right of action by any participant or prize winner, nor shall it be deemed to be a waiver of any of the Promoters’, the Promoters’ affiliates and/or its associated companies’ rights in relation to the same.

Legal Compliance: All entrants and participants are advised that in compliance with global data protection and privacy laws and standards, and particularly the laws of the countries in which the Promoters operate, Promoters are required to retain certain information (where applicable) of the participants, entrants and winners for a period of 3 (three) years (“Personal Information”). Such Personal Information to be retained by the Promoters includes (but is not limited to) the full names, identity numbers, contact details and winner’s acknowledgement of prize receipts. Accordingly, the Promoters will require the winners to complete and submit an information disclosure agreement and indemnification to enable the Promoters to ensure compliance with global data protection and privacy laws and standards. Should any entrant, participant and/or winner refuse or be unable to comply with this rule for any reason, such entrant, participant and/or winner will be deemed to have rejected the Prize(s) and it shall revert to the Promoters.

Judges Decision: Except insofar as is provided for in the Consumer Protection Act (Act 68 of 2008), the Judge’s decision is final, and no correspondence will be entered into after the Competition’s closing date.

Termination: If required by the Minister for Trade and Industry, the National Consumer Commission or National Consumer Tribunal, or for any other reason whatsoever, the Promoters will be entitled to terminate the Competition immediately without any notice to the Entrants. In such an event all Participants hereby waive any rights which they may have against the Promoters.

Severability: If any provision of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of any remaining provisions.

Law and jurisdiction: These Terms shall be governed by the laws of South Africa. All entrants, participants and winners consent to the non-exclusive jurisdiction of the courts of South Africa in respect of all matters arising out of or in connection with the Terms.

Inquiries: All queries in connection with this promotional competition should be directed to PepsiCo`s Customer Care Line – 086 1 500 111.

Availability of these Terms: A copy of the competition rules is available and can be downloaded in printable form from www.pepsi.co.za.