Release Waiver and Quitclaimdocx (POWER UP THE TROPA 2022 PROMO)

RELEASE, WAIVER, AND QUITCLAIM
NAME: Ryan C. Arcueno

____________________________________________________
ADDRESS: Lot 11 Blk 5 Sta Fe st., Amlacville Subd.,

____________________________________________________
____________________________________________________
Payatas B, Quezon city
1. I voluntarily took part and participated in the promo below:
Promo Name: Mountain Dew Call of Duty Promo “Power Up The Tropa” Promo
(“Promo or Contest”);
Sponsor: Concentrate Manufacturing (Singapore) Pte. Ltd. (“PepsiCo”)

(“Company”)
2. I represent that I am not an employee, officer, director, manager or member of the

Company, the Company’s affiliates or any other entities involved in the sponsoring,
fulfilling or administration of the Promo. I further represent that I am not an immediate
family member (spouse, parent, step-parent, child, step-child, sibling, step-sibling,
grandchild, step-grandchild or other family extension) to any employee, officer, director,
manager or member of the Company.
3. I represent that I satisfy all eligibility requirements (e.g. as to my age, or place of

residence, or other qualifications) which may be indicated in the Promo mechanics,
terms and conditions, rules and regulations, and/or Promo announcements. I also
hereby disclose that I am not suffering from any debilitating or communicable disease or
any other form of ailment that would put me, and/or my companion if applicable, in
any form of danger, hazard, or risk in the course of the Promo.
4. I hereby attest that the Promo mechanics, terms and conditions, and/or rules and
regulations were made available to me, have been read and understood by me, had the
opportunity to read and understand the same, and/or were explained to me by the
Company, or their third-party advertising or promotional agencies, prior to the
execution of this Release, Waiver, and Quitclaim (“Quitclaim”). I further acknowledge
and agree to bind myself to abide with these Promo mechanics, terms and conditions,
and/or rules and regulations.
5. I understand and agree that any material I submitted and/or entered into the Promo (as
attached) is the sole property of the Company, immediately upon submission thereof,
___________________________________________
Signature
2
and may be used by Company for any purpose, without compensation or royalty to me.
I represent that I independently created the material I submitted to the Company and
have secured all rights (including third party rights), if applicable, necessary to convey
all rights in such materials to the Company. In addition to the foregoing, I assign and
convey to the Company, in perpetuity and for use worldwide, all rights, titles and
interests in and to the submitted material(s) and all copyright, trademark and other
intellectual property rights in my submitted material(s) to the Company without
compensation or consent to me. If for any reason, the assignment is wholly or partially
ineffective, I grant the Company an irrevocable, exclusive license to display, perform,
and reproduce any of the submitted material(s) and use the submitted material(s) freely
without payment of any royalty to me or to any third party.
6. I acknowledge that any acceptance, participation in the promo, and/or receipt or use of
any prize is solely at my own risk. Therefore, I, on behalf of myself and my assigns,
heirs, devisees and estate (collectively, “Successors”), hereby unconditionally and
forever release, discharge and agree to hold harmless the Company and its affiliates
and subsidiaries, along with each of their officers, directors, employees, agents and
contractors, which includes their third-party advertising, marketing and promotional
agencies (collectively, “Released Parties”), from any and all claims, judgments, costs,
damages, losses, expenses and liabilities, relating to any claim I may now or hereafter
have with respect to any death, personal injury, property damage, pecuniary loss or
other loss, damage, cost or expense, or any other liability (collectively, “Harm”) that
may be suffered by me or any third party arising from my voluntary participation in
the Promo specified above or the receipt of any and all prizes I may receive as a result
of my voluntary participation in the Promo, any use or reuse by the Company, or their
respective third-party advertising, marketing, or promotional agencies, of my name,
city of residence, visual likeness, any photograph taken of me, and my companions, if
applicable, or other biographical data, or in connection with my acceptance,
participation in, use of and/or inability to use any prize awarded to me (collectively,
the “Released Claims”).
7. I hereby agree to indemnify and hold harmless the Company and all of the other
Released Parties from and against any and all claims, costs, losses, damages and
expenses (including attorney’s fees) incurred by the Company and any of the other
Released Parties arising out of or in connection with any Released Claims or in
connection with any third party claims (including based on violations of intellectual
property rights or publicity or privacy rights) based on the materials I submitted to the
Company or based on the Company’s use of such materials.
8. I specifically understand and agree that this release will prevent me and my successors
from bringing any suit, claim or other action against the Company or any of the other
Released Parties and from recovering any money damages or other legal relief from the
Company or any of the other Released Parties in connection with any of the Released
Claims.
___________________________________________
Signature
3
9. I acknowledge and agree that the receipt of the prize of the Promo may be subject to
applicable government taxes. Accordingly, I shall be solely responsible to pay any and
all taxes, if applicable, when due with respect to the prize I will receive in connection
with the Promo.
10. I understand and agree that If any provision of this Quitclaim is found to be
unreasonable or unenforceable in any respect by a court, it is my intention and
understanding that this Agreement shall nonetheless be enforced to the maximum extent
to which it is found by the court to be legally enforceable.
11. I agree to return immediately upon demand to the Company the value of the prize(s)
that has been or may be awarded to me, in connection with my participation in the
Promo, if any statement or representation made by me in this Quitclaim is discovered or
believed to be false or misleading, and I acknowledge and agree that all available legal
and equitable remedies may be pursued against me in connection therewith.
12. I allow the use of my personal data such as but not limited to name, images, photo/s or
video/s as shared by me, email address and Facebook account username for marketing
purposes and sharing of the same data to the Company or any of the Released Parties for
any marketing purpose that may arise in line with the Promo. I acknowledge that the
use and further processing of my personal information in the Promo or any of its
post-promotion materials is subject to the Data Privacy Act.
13. By signing this document, I declare that I have read and understood this Quitclaim
which is made willingly and voluntarily and with full knowledge or my rights under the
law.
14. I attest to the truth of the above declaration and assume all the responsibilities and the
risks of my, and my companions, if applicable, participation in the Promo.
Ryan C. Arcueno
___________________________________________
Signature Over Printed Name
DATE: ____________________________________
July 1, 2022
___________________________________________
Signature

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RELEASE, WAIVER, AND QUITCLAIM

NAME: Ryan C. Arcueno

ADDRESS: Lot 11 Blk 5 Sta Fe st., Amlacville Subd.,

1. I voluntarily took part and participated in the promo below:

Sponsor: Concentrate Manufacturing (Singapore) Pte. Ltd. (“PepsiCo”)

2. I represent that I am not an employee, officer, director, manager or member of the

3. I represent that I satisfy all eligibility requirements (e.g. as to my age, or place of

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