Contest Period:

The Pure Leaf “Tea Breaks” Grant Program (the “Contest”) begins at 9:00 a.m. Eastern Time (“ET”) on June 27, 2024 and ends at 11:59 p.m. ET on August 22, 2024 (the “Contest Period”).

Eligibility:

Entrants must be legal residents of the United States residing in one (1) of the fifty (50) United States or the District of Columbia, who are 18 years of age or older (19 years of age or older in Alabama and Nebraska) as of date of entry, and are employed by an Eligible Organization, as defined below (“Entrant”). Prizes are awarded only to Eligible Organizations, not to Entrants. Officers, directors, and employees of PepsiCo, Inc., Pepsi-Cola Company  (“Sponsor”), its bottlers, Mind Share Partners, Conopco, Inc., d/b/a Unilever, Daniel J. Edelman, Inc., and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (all such individuals and entities collectively referred to herein as the “Released Parties”), and each of their respective shareholders, directors, officers, members and agents and their immediate family members (spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each, are not eligible to participate or win. Void where prohibited by law and subject to all federal, state and local laws.

Eligible Organization Definition: For the purposes of this Contest, an Eligible Organization is defined as a small business that:

• Is a United States Entity organized under the laws of the one (1) of the fifty (50) United States or the District of Columbia that has been operating for at least one (1) year.

• Has at least 10 full time employees.

• Has fewer than 250 employees 

• Had gross revenues of less than $20 million in 2022 and $20 million in 2023.
  
  

Or a nonprofit organization that:

• Is a 501(c)(3) nonprofit organization under the US Internal Revenue Service.

• Is a United States Entity organized under the laws of the one (1) of the fifty (50) United States or the District of Columbia that has been operating for at least one (1) year.

• Has at least 10 full time employees.

• Has fewer than 250 employees

• Had gross revenues below $10 million in 2022 and $10 million in 2023

  
  

Eligible Organizations exclude tobacco, firearms, pornography, cannabis and coal production organizations.

How to Enter for your Eligible Organization:

During the Contest Period, an authorized representative can enter the Contest on behalf of their Eligible Organization by visiting www.pureleaf.com/teabreakform (the “Site”) and following the instructions to complete the registration form, including providing background information on yourself and the Eligible Organization in which you are employed, and answering the following questions [see below guiding principles before submitting your Entry (as defined below)] in a minimum of 50 words and maximum of 300 words:

• What is the state of break culture (the quality and quantity of time workers spend doing an activity they prefer to be doing) at your Eligible Organization? What are your employees saying and experiencing?

• How would you spend the grant funds? Describe the break time initiative you are proposing and who it benefits.

• What other programs, resources, or internal communications will make this initiative successful?

• How would you measure success and sustain the initiative beyond the initial grant funding?
  
  

  All information submitted on the registration form will be collectively referred to as the “Entry”.  By completing the foregoing steps in a way that complies with the “Entry Requirements” (defined below), your Eligible Organization will receive one (1) Entry. There is a limit of one (1) Entry per Eligible Organization. Entries must be written in English. All Entries must be received by 11:59 p.m. ET on August 22, 2024. Normal Internet/phone access and data/usage charges imposed by Entrants’ online service will apply.
  
  
  Guiding Principles for Creating Lasting Organizational Change 

  PRINCIPLE #1: EFFECTIVE

  Change philosophy.

  • In what ways does the initiative represent a protected time where employees can engage in a preferred activity during the work day?

  • What goal are you trying to achieve or pain point you are trying to solve for?

  Context.

  • Where does this initiative sit in your broader efforts to make your workplace healthier? 

  Engagement.

  • How will employees engage with the initiative? Is this a voluntary perk or a more sustained effort? 

   

  PRINCIPLE #2: GROUNDED IN WORKERS' EXPERIENCE

  Autonomy and flexibility.

  • How much autonomy do workers have in engaging with this initiative?

  Worker voice.

  • How much of this initiative is driven by your workers or takes into account what they have been asking for?

  Equitable.

  • How is this initiative equitably accessible to all workers?

   

  PRINCIPLE #3: SUSTAINABLE

  Ownership.

  • Who will lead the initiative? Does leadership support this initiative? Who else will be involved and how?

  Integrated.

  • What other programs, activities, resources, and communications will support this initiative? How will the initiative be sustained long-term?

  Measurement.

  • How will you track employee use and feedback?

Entry Requirements:

In addition to the Eligibility Requirements discussed above, each Entry must meet the following “Entry Requirements”: (i) the Entry must be the submitting Entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties and (ii) Entry must not include any content that is deemed by the Sponsor to be obscene, pornographic, libelous, or are otherwise objectionable.  Entrants and all submitted Entries must be in keeping with Sponsor's image as determined by Sponsor, in its sole discretion, or Entry will be disqualified from the Contest. The Entry must not disparage persons or organizations associated with Sponsor or reference any of Sponsor’s competitors.

Random Drawing/Grand Prize-Winning Eligible Organization Determination:

Random Drawing: On or about August 27, 2024, five hundred (500) Entries will be randomly selected from among all eligible Entries received. Drawing will be conducted by an independent judging organization whose decisions are final and binding on all matters related to the Contest. The odds of being selected in the random drawing depend on the total number of eligible Entries received.

Grand Prize Winning Eligible Organizations Determination: The five hundred (500) Entries selected in the random drawing will be judged by a panel of judges, determined by representatives of the Released Parties (“Judges”) on or about September 20, 2024 to determine a minimum of five (5) Grand Prize winning Eligible Organizations and a maximum of  twenty (20) Grand Prize winning Eligible Organizations (each a “Grand Prize Winner”), based on the number of employees an Eligible Organization has, as outlined below. Entries will be judged based on the following criteria:

1. There is a clear and demonstrated need for the initiative based on workers’ experiences (25%)

2. This initiative is likely to be effective in promoting a better quality break culture (25%)

3. This initiative describes an equitable, integrated approach to implementing the initiative (25%)

4. This initiative will make a measurable difference for employees in the long-term rather than a one-time solve (25%)
   
   

The criteria outlined above will be collectively known as the judging criteria (the “Judging Criteria”).  Ties will be broken for any tied Entries using the score for “this initiative is likely to be effective in promoting a better quality break culture” only. Judges’ decisions are final with respect to all matters relating to the judging and are not subject to challenge. By participating, Entrants and Authorized Representatives of Eligible Organizations (“Authorized Representatives”) agree to the Official Rules and the decisions of the Judges, which shall be final and binding in all respects.

Grand Prizes:

Grand Prize winners will be determined based on the Judging Criteria scores only. Number of employees is not factored into Judging Criteria scores. There are a minimum of five (5) Grand Prizes available and a maximum of twenty (20) Grand Prizes available. A maximum of $100,000 in grant funding is allotted overall. The total number of Grand Prizes will be determined by Sponsor and/or Mind Share Partners and will be based on the total number of employees at the winning Eligible Organizations. For instance, if it is determined that Scenario 3 has one (1) winner, $20,000 is already allocated so there is only $80,000 left for the remainder of the prizes and so on. 

The Grand Prize consists of a single payment (awarded in the form of a check made payable to the Eligible Organization) in one of the following amounts:

• Scenario 1 - Five thousand dollars ($5,000.00) grant(s) (for Eligible Organizations with 10-29 employees)

• Scenario 2 – Ten thousand dollars ($10,000.00) grant(s) (for Eligible Organizations with 30-99 employees)

• Scenario 3 - Twenty thousand dollars ($20,000.00) grant(s) (for Eligible Organizations with 100-249 employees) (collectively, “prize” or “grant”).

All Prizes will be awarded to the Eligible Organizations only and not individual Entrants. Limit one (1) Grand Prize per Eligible Organization.

General Prize Conditions:

The Grand Prizes will be awarded only if each potential winning Entrant/Authorized Representative and Eligible Organization fully complies with these Official Rules.  All portions of the Grand Prizes are non-assignable and non-transferable.  The Grand Prize-winning Eligible Organization (not nonprofits) shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the value of the prize or other items of value transferred to the Grand Prize-winning small business Eligible Organizations by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Potential winning nonprofit Eligible Organizations must provide an IRS Form 990 and an IRS tax exemption determination letter. Refusal or failure of the Grand Prize winning Eligible Organization to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Taxpayer ID number, IRS Form W­8BEN, IRS Form W­9, IRS Form 990, or equivalent information), as determined by the Sponsor in its sole discretion, may result in the Grand Prize- winning Eligible Organization forfeiting a Grand Prize and an alternate potential Grand Prize-winning Eligible Organization may be determined in accordance with these Official Rules. The potential Grand Prize-winning Entrant and the Authorized Representative at their corresponding Eligible Organization will both be required to execute a Declaration of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release and Assignment of Rights, as applicable (collectively, “Prize Claim Documents”). If a potential winning Entrant/Grand Prize-winning Eligible Organization fails or refuses to sign and return all Prize Claim Documents within forty-eight (48) hours, that winning Eligible Organization may be disqualified and an alternate may be determined. Return of Prize Claim Documents or an email as undeliverable or if a winning Eligible Organization does not meet eligibility requirements or does not wish to receive the prize, it may result in disqualification and alternate Eligible Organization may be determined.  Both winning Entrants and Authorized Representatives for Grand Prize-winning Eligible Organizations must return their respective Prize Claim Documents in the time specified or that Grand Prize will be forfeited.

General Rules:

Entrant/Authorized Representative/Grand Prize winning Eligible Organization, as a condition of participation into the Contest and/or use of any prize, agree to release the Released Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with creation of or submitting an Entry, or otherwise participating in any aspect of the Contest, the receipt, ownership or use or misuse of the prizes awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Acceptance of prize constitutes permission to use Entrant’s/Authorized Reps’/Grand Prize-winning Eligible Organization names, likenesses and Entry (as applicable) and any subsequent documents provided by Authorized Representatives to show how the grant was used for promotional purposes (including any possible public relations opportunities) and business purposes without further compensation, except where prohibited by law. By participating in the Contest, Entrants/Authorized Representatives agree to be bound by these Official Rules and the decisions of the Judges. The Released Parties are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user, by any of the equipment or programming associated with or utilized in the Contest, or by any human error which may occur in the processing of the Entries in the Contest, or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein.  In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Contest.  If the Contest is terminated before the designated end date, Sponsor will judge the Entries (up to 500) from among all eligible Entries received prior to cancellation to determine the Grand Prize-winning Eligible Organizations.  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. As a condition of participating in the Contest or winning a prize, Entrant/Authorized Representative agrees that: 1) under no circumstance will Entrant/Authorized Representative be permitted to obtain awards for, and Entrant/Authorized Representative hereby waive all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.

Rights in Entries:

For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant and Authorized Representative hereby irrevocably grant to the Released Parties, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Entry (or any subsequent submitted documents), in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity.  The Released Parties shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which the Released Parties deem necessary or desirable, and each Entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Released Parties shall retain the rights granted in each Entry even if the Entry is disqualified or fails to meet the Entry Requirements or even it if it determined that the entrant who made the Entry is ineligible to enter the Contest.

Representations and Warranties/Indemnification:

Each Entrant represents and warrants as follows: (i) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Entry meets the Entry Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.  Each Entrant agrees to indemnify the Released Parties and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by Entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by Entrant while participating in the Contest.

Publicity Release:

Without in any way limiting the rights granted in the Entry, as set forth above, acceptance of prize constitutes winning Entrant/Authorized Representative for Grand Prize-winning Eligible Organization permission for the Released Parties to use their Entry (if applicable) and his or her name, Eligible Organization name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Contest. Released Parties, and all uses of the Entry permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the Entrant/Authorized Representatives for Grand Prize-winning Eligible Organization.
 

Nature of Relationship/Waiver of Equitable Relief:

Each Entrant  hereby acknowledges and agrees that the relationship between the Entrant and the Released Parties  is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Entry (if applicable) to Sponsor for purposes of the Contest does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Entry. Each Entrant understands and acknowledges that the Released Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Released Parties or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

No Obligation to Use:

The Released Parties shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and the Released Parties may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
 

Anticipated Number of Entrants: 

Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.

 

Further Documentation:

If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant/Authorized Representatives agrees to sign the same upon Sponsor’s request therefor.

Governing Law/Jurisdiction:

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

 

Arbitration Provision:

By participating in this Contest, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Illinois; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

Winners List:

For the names of the winning Eligible Organizations, available after September 15, 2024, send a stamped, self-addressed envelope by October 15, 2024, to: Pure Leaf “Tea Breaks” Grant Program Winners, 10752 Deerwood Park Blvd, Suite 100, Jacksonville, FL 32256.

Sponsor: The Sponsor of the Contest is Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY  10577.