Terms & Conditions
General: Please read this carefully
Access to and use of www.mountaindew.co.uk (the "Site") is provided by PepsiCo International Limited ("PepsiCo ") subject to the following terms and conditions ("Terms"). By accessing the Site you are agreeing to these Terms that appear below, whether or not you register as a user.
1.Use of Content and Linking to the Site
- 1.1 This Site is intended for use by residents of the United Kingdom only.
- 1.2 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this Site, including but not limited to text, software, music, sound, photographs, graphics, video, (collectively, the "Content") is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use the Content only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of the Content is prohibited without the prior express written authorisation of / PepsiCo.
- 1.3 All Content on the Site remains the property of PepsiCo International Limited ("PepsiCo"), or its licensors.
- 1.4 You may retrieve and display Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
- 1.5 Except as expressly set out above, you may not reproduce, modify, store, archive or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without the prior written permission from PepsiCo (and neither may you allow a third party to do any of the same): - redistribute any of the Content (including by using it as part of any library, archive or similar service); - remove the copyright or trade mark notice from any copies of Content made under these Terms; - create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
2.Information on the site
Information on the Site Information in the Site is subject to change without notice. Information regarding PepsiCo's products and services is applicable only in the United Kingdom unless otherwise noted. Some products and services may not be available in certain areas. PepsiCo makes no representations that the Content in this Site is appropriate or available for use in other countries outside the United Kingdom. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
3.Exclusion of Liability
- 3.1 While PepsiCo use reasonable efforts to include accurate and up to date information in the Site, PepsiCo make 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.
- 3.2 Use of and browsing in the Site is done at user's own risk. Neither PepsiCo nor any other party involved in creating, producing, or delivering the Site 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.
From time to time, PepsiCo (and its associated companies) may ask that you transmit to the Site by electronic mail your feedback on Mountain Dew products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by PepsiCo, (b) become the property of PepsiCo and PepsiCo shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by PepsiCo 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 shall be under no obligation to respond to any such communication.
PepsiCo takes the privacy of its users seriously. A special note to children: YOU MUST BE 16 YEARS OF AGE OR OLDER TO REGISTER WITH MOUNTAIN DEW UK AND/OR ITS CLEARINGHOUSES. AT THE PRESENT TIME WE MUST ASK YOU NOT TO REGISTER WITH MOUNTAIN DEW UK AND/OR ITS CLEARINGHOUSES IF YOU ARE UNDER 16 YEARS OF AGE. A special note to parents: While PepsiCo prohibits registration by children under the age of 16, parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association home page (www.dma.org.uk).
Privacy Practices & Policies and our use of your Personal Information: your email address and other personally identifying data will be known to PepsiCo only when you voluntarily submit such information to our websites. We may use this personal information to contact you if we change our services or terms or if we need to give you notice under those terms. The information about your acquisition of our content and your preferences may be used to send you information that we believe may be of interest to you, such as information about music or products or services offered by Mountain Dew. However, no one will send that information to you unless you opt-in to receive it at the time you register.
With whom we share your information: as a general rule, we will not disclose any personal information we collect from you without your consent. However, we may disclose personal information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. We may disclose user information when we believe in good faith that the law requires it. If you have opted-in to receive marketing information from us, we may share your information with our affiliated companies and/or with our stars. We will not share your personal information with other third parties for marketing purposes without your consent. We may share with others, at our discretion, certain aggregate statistical data about purchases and the use of our content, which data may include demographic data such as the age range and/or geographic location of groups of users. No personal information (such as names or email addresses) will be identifiable from such statistics. We may transfer, sell or assign any of the information described above, including personally identifiable information, to third parties, as a result of the sale, merger, consolidation, and change in control, transfer of substantial assets, reorganization or liquidation of PepsiCo.
Security: PepsiCo strictly protects the security of your personal information and your choices for its intended use. We use current industry standard technology to maintain the confidentiality and accuracy of the information you provide to us. To protect your personal information, we use "secure servers" with industry standard SSL 128 bit key encryption. However, we cannot guarantee that any information you submit to us will be free from unauthorized third party intrusion.
6.Availability of Site
Whilst PepsiCo endeavours to ensure that the Site is normally available 24 hours a day; PepsiCo will not be liable if for any reason the Site is unavailable at any time or for any period. PepsiCo does not guarantee the functions contained in the Site will be uninterrupted or error-free, or that defects will be corrected even if PepsiCo is aware of them. Additionally, PepsiCo makes no warranty that the Site services or its server are free from infection by viruses or anything else that has contaminating or destructive properties.
- 7.1 On registration, you must provide PepsiCo with accurate, complete registration information and it is your responsibility to inform PepsiCo of any changes to that information (including in particular your e-mail address) by e-mailing [ ]
- 7.2 Each registration is for a single user only. On registration, you will choose a user name and password. PepsiCo does not permit any of the following: - any other person sharing your user name and password; - access through a single name and password being made available to multiple users on a network.
- 7.3 You are responsible for all use of the Site made by you or anyone else using your user name and password (collectively, "ID") and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify PepsiCo immediately by contacting Britvic Customer Care.
- 7.4 If on registration (or on amendment of your registration details) you provide PepsiCo with an email address that will result in any emails PepsiCo may send you being sent to you via a computer network operated by or on behalf of your employer or college (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that PepsiCo may refrain from sending you any emails to such address without notifying you, even if you have subscribed to receive them, if we receive a request from your employer or college to stop sending emails to that address.
The trademarks displayed on the Site are registered and unregistered trademarks of PepsiCoCo, Inc., its subsidiaries, affiliates and associated companies. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the Site. In the event that you misuse any trademark in violation of these Terms, PepsiCoCo Inc. and/or its subsidiaries and/or affiliates and/or associated companies will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
9.Links to Other Sites
- 9.1 This Site may link to other sites not maintained by or related to PepsiCo. 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. PepsiCo 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.
- 9.2 In the event that PepsiCo may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board, and the like on the Site, PepsiCo is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmitted information 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, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. PepsiCo will fully cooperate with any law enforcement authorities or court order requesting or directing PepsiCo to disclose the identity of anyone posting any such information or materials.
10.Changes to these Terms
PepsiCo reserves the right, at its discretion, to make changes to any part of the Site and its related services. Due to its policy of updating and improving the Site, PepsiCo may wish to change these Terms. When Terms are changed, PepsiCo will notify you by publishing details of those changes by including them at the end of these Terms (see "Details of Changes"). If you use the Site or related services after PepsiCo has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site (and should cancel your subscription to any related services).
11.Competitions and Prizes
From time to time PepsiCo will run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time they are run.
12.Choice of Law and Jurisdiction
- 12.1 These Terms shall be governed by, and construed in accordance with, English law.
- 12.2 The courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them.
- 13.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
- 13.2 If any portion of these Terms 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.
- 13.3 Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
- 13.4 These Terms set out the entire understanding and agreement between you, PepsiCo and PepsiCo with respect to the Site. You acknowledge that any other agreements between you, PepsiCo and PepsiCo with respect to the Site are superseded and of no force or effect.
PepsiCo 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 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 and PepsiCo shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, PepsiCo shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. PepsiCo shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future PepsiCo uses or activities.
PepsiCo International Limited (company number 01521219) is a company registered in England and Wales with their registered offices at 63 Kew Road, Richmond, Surrey TW9 2QL.
PepsiCo complies with the Data Protection Act 1988. We follow strict security procedures in the storage and disclosure of information you have supplied to us. Personal information is collected by PepsiCo online to create your member profile and administrate your activities on the site as well [as for the purposes of running competitions, conducting market research surveys and providing you with information about the products and services we offer]. We collect personal information from you through the use of entry forms and every time you e-mail us your details.
We also collect information automatically about your visit to our site. The information obtained in this way, which includes demographic data and browsing patterns, is only used in aggregate form.
Use and Disclosure of personal information
We process personal information collected via the Site for the purposes of:
- Running competitions
- Conduction market research surveys
- Providing you with information about products and services we offer
We do not sell, trade, or rent your personal information to others outside PepsiCo International Limited or its associated companies. We do not share our mailing lists with any third parties, including advertisers or partners, except where you have provided permission to do so.
If you wish to receive information about our products or services, or information from other carefully selected organisations, please tick the appropriate box on the registration form.
Like most organisations, we also use information in aggregate form (so that no individual user is identified) to share with business partners and other third parties for the purposes of:
- Building up marketing profiles
- Assisting strategic development and auditing usage of the site
This information shows user activity as a whole rather than on an individual basis and cannot be used to individually identify you.
Promoter: PepsiCo International Limited, 63 Kew Road, Richmond, Surrey TW9 2QL