PEPSI MAX ® FANTASY SWEEPSTAKES OFFICIAL RULES

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PEPSI MAX ® FANTASY SWEEPSTAKES OFFICIAL RULES

NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED. The Pepsi Max ® Fantasy Sweepstakes (this "Sweepstakes") begins at 12:00:01 AM Eastern Time on July 23, 2009 and ends at 11:59:59 PM Eastern Time on December 22, 2009 (the "Sweepstakes Period").
ELIGIBILITY. This Sweepstakes is open to legal residents of the United States and the District of Columbia, (the "Eligibility Area") who are twenty-one (21) years of age or older at the time of entry. Only individuals may enter; no entry form from any corporation or other entity shall be accepted. This Sweepstakes is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees, officers and directors of Thrillist (the "Sponsor") and its affiliates, subsidiaries, advertising, sweepstakes, fulfillment, marketing agencies, public relations firms, consultants and contractors, their immediate families (defined as spouse, child, sibling, parent or grandparent) and those living in their same households are ineligible to participate in this Sweepstakes. By participating, entrants: (1) agree to these Official Rules, and the decisions of Thrillist, which shall be binding and final in all respects; (2) acknowledge that Thrillist has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to any prize; and (3) warrant that he/she is eligible to participate in this Sweepstakes.
HOW TO ENTER. To enter this sweepstakes, go to http://www.thrillist.com/list/MaxPicks to reach the official entry form. Fill in your e-mail address and hit the SUBMIT button. No Purchase Required. Online entries must be received by 11:59:59 PM Eastern Time on September 2, 2009 to be eligible. Entries received by Thrillist after the end of the Sweepstakes Period will be discarded and deemed void. No changes to any entry information will be permitted once submitted. No mechanically reproduced entries are permitted. All entries become the property of THRILLIST and will not be acknowledged or returned. LIMIT ONE ENTRY PER PERSON PER HOUSEHOLD.
SELECTION OF SWEEPSTAKES WINNER: The potential winners will be selected in a random drawing to be held on or about September 3, 2009. The potential winners will be selected from all eligible entries who took the required actions during the Sweepstakes Period. Odds of winning will depend on the number of eligible entries received during the Sweepstakes Period. The potential winners will be notified via e-mail to the e-mail address associated with his/her entry within two (2) weeks after the drawing ("Prize Award Period"). The drawing will be conducted by Sponsor, the judge of the Sweepstakes, whose decisions on all matters relating to the Sweepstakes shall be final and binding. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) a potential winner's failure to respond to notification within seven (3) days after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) a potential winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; (4) a potential winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within seven (7) days after its transmission; (5) a potential winner's failure to validly claim the prize by September 30, 2009; and (6) any other non-compliance with the Official Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.
All taxes on the prize, if any, and other expenses related to accepting and/or using a prize not listed in these rules, including travel to/from the prize, are the sole responsibility of each winner. All prizes will be awarded, provided that they are validly claimed by September 30, 2009, after which no alternate winner will be selected, nor unclaimed prizes awarded.
GENERAL RULES: By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules, and by the decisions of Sponsor, which are final and binding in all respects. Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of winners. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). Sponsor also reserves the right at its sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information.
PARTICIPANT OBLIGATIONS: By entering, each entrant agrees to defend, indemnify, release and hold harmless Sweepstakes Entities from and against any and all losses, demands, damages, rights, claims, actions and liabilities of any kind arising out of or related to (i) entrant's participation in the Sweepstakes or (ii) entrant's participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The winners assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Sweepstakes or use or redemption of the prize. Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of New York without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the State of New York. All taxes are the responsibility of the winners, who may receive an IRS Form 1099 reflecting the final actual value of the prize, if applicable.
PERSONAL INFORMATION: The personal information collected through this Sweepstakes is subject to Thrillist's Privacy Policy, located at http://www.thrillist.com/privacypolicy. By entering this Sweepstakes, you agree to the use of your personal information as described in the above Privacy Policies.
OFFICIAL RULES/WINNERS' LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the winners, send a self-addressed stamped envelope to: 568 Broadway, Suite 605, NY, NY 10012. Requests for winners' lists must be received no later than three months after the end of the Sweepstakes Period. VT residents may omit return postage.
SPONSOR: mMetro LLC, d/b/a Thrillist, 568 Broadway, Suite 605 New York, NY 10012.

WINNER SELECTION. Winners will be chosen by random drawing on or about September 3, 2009 by Thrillist from among the total number of eligible entries received. All prize awards are subject to verification and will be awarded upon winner validation and verification by Thrillist. The potential winners will be notified by electronic mail on or about September 15, 2009. If the initially selected winner is ineligible, cannot be contacted after two (2) attempts by Thrillist, or fails to complete and return any required documents to Thrillist within five (5) days of receipt of the documents, the prize will be forfeited and an alternate winner will be selected from all eligible entries. Limit one (1) prize per household.

GENERAL CONDITIONS. Where permitted by law, winners grant Thrillist and their respective designees the right to use and publish their proper name in connection with this Sweepstakes. Acceptance of any prize also constitutes permission for Thrillist and its subsidiaries and affiliates to use any prize winner's name, likeness and/or biographical information for advertising, trade, publicity and promotional purposes in any media now known or hereafter devised without review, notification, approval, or compensation, unless otherwise prohibited by law.

DISQUALIFICATION. The use of robotic, automatic, macro, programmed or like methods (including, without limitation, the use of any promotion/sweepstakes subscription, notification, entry or like sites or services that offers sweepstakes entry services "on behalf of" entrant) is strictly prohibited. Any false information provided by any entrant concerning his/her identity or mailing address or any non-compliance by an entrant with these Officials Rules may result in the immediate disqualification of the entrant from this Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, as solely determined by Thrillist, will be disqualified. If disqualified, Thrillist reserves the right to terminate the person's eligibility to participate in this and future promotions and sweepstakes of Thrillist or any of its subsidiaries or affiliates. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THRILLIST RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event any portion of this Sweepstakes is compromised by any non-authorized human intervention, action of entrants, or other causes beyond the control of Thrillist which, in the sole opinion of Thrillist, corrupt or impair the integrity, administration, security, or operation of this Sweepstakes, Thrillist reserves the right, at its sole discretion, to suspend or terminate the Sweepstakes and award the prizes from all eligible entries received prior to the action or compromise giving rise to the suspension or termination of this Sweepstakes.

DISCLAIMER; LIMITATION OF LIABILITY. THRILLIST IS NOT RESPONSIBLE OR LIABLE FOR: (1) ANY TYPOGRAPHICAL OR PRINTING ERRORS; (2) LATE, LOST, ILLEGIBLE, INCOMPLETE, STOLEN, MISDIRECTED, OR POSTAGE-DUE MAIL; (3) INCORRECT OR INACCURATE ENTRY INFORMATION, WHETHER CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THIS SWEEPSTAKES OR BY ANY HUMAN ERROR WHICH MAY OCCUR IN THE PROCESSING OF THE ENTRIES IN THIS SWEEPSTAKES; (4) ANY TECHNICAL ERRORS INCLUDING, BUT NOT LIMITED TO, TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF; OR (5) ANY OTHER ERRORS IN THE ADMINISTRATION OF THE SWEEPSTAKES. IN NO EVENT WILL THRILLIST, THE SPONSORS OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, EXPECTATION, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES, ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S) AWARDED IN CONNECTION WITH THIS SWEEPSTAKES, OR CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY.

RELEASE. By participating in this Sweepstakes, entrants release and hold THRILLIST and its subsidiaries, affiliates, officers, directors, employees and agents harmless from any and all liability, claims or actions of any kind whatsoever arising out of participation in this Sweepstakes, preparing for, participating in, and/or traveling to and from taking delivery of any prize or any prize-related activity, and acceptance, possession, use or misuse of a prize. Except where prohibited, entrants agree that any and all disputes which cannot be resolved between or among the parties and any claims or causes of action arising out of or connected with this Sweepstakes, any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action.

GENERAL INFORMATION. The failure to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.

OFFICIAL RULES; LIST OF WINNERS: For a copy of these Official Rules or a list of the winners, send a self-addressed, stamped envelope to: Pepsi Max ® Fantasy Sweepstakes, c/o Thrillist, 568 Broadway, Suite 605, New York, NY 10012.