TERMS OF SERVICE

 

To run the PepsiCo “Dare to Do More Challenge”, this website is offered to you by PepsiCo International Ltd, incorporated under the laws of England and Wales, with registered offices at Building 4, Chiswick Business Park, 566 Chiswick High Road, London, W4 5YE ("PepsiCo," “we” or “us”). 

Created and hosted by AGORIZE SAS, a company incorporated under the laws of France, having its registered office at 34 rue du Faubourg Saint Antoine, 75012 Paris, France .
 

  1. Subject

These Terms of Service govern your access to and use of the website.

By pre-registering on the website, you must tick a box and confirm that you have read and accepted these Terms of Service and the Privacy & Cookies Policy.

At the time of full registration in June 2021, if you wish to participate in the Dare To Do More Challenge (the “Challenge”), you will be asked to review and accept the rules applicable to the Challenge (the “Challenge T&Cs”).

We may amend these Terms of Service at any time by posting an updated version to this web page and notifying you before the amended Terms of Service take effect.

To improve your user experience, we may modify, without prior notice, the structure and design of our website, as well as some services or content.

 

  1. Pre-registration and Registration
a. Conditions 
You must be 18 years or older to use our website, and by pre-registering or registering you declare that you meet this condition. 

b. Pre-registration / Registration
To pre-register/register you must complete the mandatory fields in the pre-registration/registration form: name, email, phone number, password, picture (optional), and profile (whether you are recently graduated or still a student). An activation link will be emailed to you; your profile is activated once you click on the link.

After the Dare to Do More Challenge official launch date (June 1st, 2021), in order to participate, you will be asked to accept the Dare to Do More Challenge Terms and Conditions and complete the participation form. This applies for both pre-registered or newly registered users.

c. Accuracy of information 
You agree that your profile contains accurate and true information, and that you will update it as needed.

d. Password 
You are responsible for keeping your profile password confidential. You agree to inform us if there is an unauthorized use of your profile or a security breach, such as loss or theft of your login information. 

  1. Content posted by you on the website

Any information you provide on the website, both during pre-registration, registration and use of the website (such as public message board postings, emails, chats, Deliverables, etc.) is subject to the following:

  • You agree that content posted by you will be accurate and will not: (i) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, or (ii) violate any law (including export control, unfair competition, anti-discrimination or false advertising).

  • You are solely responsible for the content that you publish or upload to the website, and for the transfer of technologies or information with which you are involved. PepsiCo expressly disclaims any liability or responsibility thereto.
     
  1. Rules of Conduct on the Website

When using the website, you agree:

  • to not submit to us, to other pre-registrants or participants, mentors or the jury false, misleading, malicious or fraudulent information;
  • to not post content of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging illegal activities, or more generally content that is contrary to the purposes of the website;
  • to not infringe the rights and image of PepsiCo such as its intellectual property rights;
  • to not open more than one profile on the website or open a profile in the name of a third party;
  • to not use the profile of another person;
  • to not transfer data that contains viruses, worms, Trojan horses or any computer file or program that could interrupt, destroy or limit the functioning of any computer or network linked directly or indirectly to the website;
  • to not use any device, software or routine that could interfere with the proper working of the website or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information;
  • to not to take any action (such as, spamming) that imposes an unreasonable load on the website; and
  • to, more generally, not to act in a way that violates the law or breaches these Terms of Service or the Challenge T&Cs.

 

  1. Intellectual Property Rights

Software, and our materials on the website, including logos, trademarks, trade names, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials, are protected by copyright, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the website are the property of their respective owners.

You are prohibited from:

  • reproducing, adapting, distributing, publicly representing and disseminating the website, the Challenge and the content of the website;
  • extracting or attempting to extract (inter alia, using data mining robots or any other similar data collection tool) all or part of the data of the website;
  • copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code;
  • modifying or attempting to modify the website in any manner or form, except that you have the right to modify your self-generated content on the website;
  • framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including Challenge descriptions, images, text, page layout, or form);
  • using any meta tags or any other "hidden text" with PepsiCo or any third party’s name or trademarks. 

Any unauthorized use by you which contravenes the above entitles PepsiCo to eliminate your profile, without prejudice of PepsiCo’s or any affected third party’s right to claim for damages caused by your unauthorized use.

All new versions, updates or changes to our website or related content shall be subject to these Terms of Service. 

  1. Liability

You act under your sole and full responsibility.

PepsiCo  shall not be liable to you for any damages, claims, expenses or other costs you incur as a result of third party claims related to your use of the website or the Challenge. Under no circumstances, shall PepsiCo be liable for any indirect damages, or for any damages totaling more than one hundred (100) Euros, assuming that such damages have been duly proven. You agree that you will be responsible for, and at PepsiCo’s request, defend PepsiCo from third party claims arising out of information you provide to PepsiCo  for publication or any breach by you of these Terms of Service.

 

  1. Profile suspension and termination

You can close your profile at any time by clicking on the “Delete your profile” tab on your profile page. The termination takes effect immediately.

If you breach your undertakings as set out in these Terms of Service or if we have genuine reason to believe that the security and integrity of PepsiCo, other participants or third parties are at risk, we reserve the right to:

  • immediately terminate these Terms of Service; and
  • temporarily or permanently suspend your profile.

When this is necessary, you will be notified of such measure to enable you to respond. PepsiCo  will decide, at its sole discretion, whether to lift the measures put in place.

  1. Personal Data

By creating your profile and using the website, you acknowledge and accept the processing of your personal data as set out in the applicable Privacy Policy, which you will be asked to accept as a pre-condition for pre-registration, registration and participation.
 

  1. Operation, availability and functionalities of the platform

We shall try to maintain the website accessible. But access to the website or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons.

We reserve the right to modify or suspend all or part of your access to the website or its features, at our sole discretion, temporarily or permanently.

 

  1. Applicable law and dispute resolution

These Terms of Service are governed and construed in accordance with English law. Disputes will be submitted to the jurisdiction of English courts. 
PepsiCo shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

 

  1. Website design contact

AGORIZE
15 rue Béranger
75003 PARIS
contact@agorize.com
Tel.: (+33) 0 1 55 43 79 45

  1. Effective Date

March 11, 2021