Acceptance of Terms
Your Use of Site
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) is the exclusive property of and owned by PepsiCo, Inc., its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited. Mtn Dew Energy or its licensors or content providers retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Mtn Dew Energy’s sole discretion. Mtn Dew Energy neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Mtn Dew Energy.
From time to time, Mtn Dew Energy may ask that you transmit to the Site by electronic mail your feedback on the Site or on the products that are offered for sale. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Mtn Dew Energy, (b) become the property of Mtn Dew Energy and Mtn Dew Energy shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Mtn Dew Energy, its agents, 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, Mtn Dew Energy shall be under no obligation to respond to any such communication. We ask that you not send us any Comments that you do not wish to assign to us.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
Your use of this site is at your sole risk. The site is provided on an “as is” basis.
Mtn Dew Energy expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non-infringement.
If you download any material from this site, you do so at your own discretion and risk. You are responsible for any damage to your computer system or loss of data that results from the download of any such material.
Limitation of Liability
IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PEPSICO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PEPSICO NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PEPSICO IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND PEPSICO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Mtn Dew Energy harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the Site.
Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of Mtn Dew Energy and its parent company, affiliates and subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Mtn Dew Energy.
Links to Third Party Sites
As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by Mtn Dew Energy. However, even if such third parties are affiliated with Mtn Dew Energy, Mtn Dew Energy has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Mtn Dew Energy. Mtn Dew Energy is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk.
Cautionary Language Regarding Forward-Looking Statements
This Site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from Mtn Dew Energy’s historical experience and our present expectations or projections. PepsiCo undertakes no obligation to publicly update or revise any forward-looking statements.
Some of the features on this Site may require users to create an account for mountaindewenergy.com.
If you do not wish to create an account for mountaindewenergy.com during your Site visit or at checkout, you will have the option to checkout as a “Guest.” Guest checkout requires users to give us contact information (such as name, mailing address, payment information and e-mail address). The customer contact information you supply on the checkout form will be used only to contact you concerning the status of an order or to answer your questions.
SMS Alert and Notification Services
Mtn Dew Energy offers users of mountaindewenergy.com the ability to subscribe to SMS Alert and Notification services by opting in. By entering your phone number at any time via our subscription form, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 10 a month. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from or by emailing our Customer Service team at [email protected] You can also contact us for more information. If you wish to opt out, please follow the procedures above.
Terms of Payment
Customer shall be able to make payment for the products by using a major credit and debit cards including Visa, MasterCard, AMEX and Discover. You may also use Apple Pay.
Delivery of the products shall be made to the address specified by the customer when placing the order depending on the shipping options chosen below. The address must be in the United States, we do not ship to Alaska and Hawaii.
If a product is currently unavailable in your area, there will be a corresponding disclaimer on the product page and at checkout.
Mtn Dew Energy has the right, but not the obligation, to subcontract all or any of its obligations for delivery of the products to any other party as it may from time to time decide without giving notice of the same to the customer.
If the products cannot be delivered to customer or customer fails to accept delivery of the product (other than by reason of any cause beyond customer’s reasonable control or by reason of Mtn Dew Energy’s fault) and the product is returned to Mtn Dew Energy as undeliverable, then Mtn Dew Energy may contact the customer and arrange for redelivery. The customer agrees to pay any shipping charges associated with redelivery of their items.
Free standard shipping over $20. Your order will typically arrive within 2-4 business days. Please note the estimated delivery date on your order confirmation page or updated delivery dates in email notifications. Delivery times may vary, especially during peak periods. Unfortunately, we don’t currently ship to Alaska or Hawaii. We do not ship to Canada.
Some discount codes that offer discounts on mountaindewenergy.com merchandise may carry certain restrictions. Please refer to the specific Mtn Dew Energy program that generated the code for full information about restrictions or limitations including but not limited to whether or not that code can be combined with other discount codes for mountaindewenergy.com. If a discount code cannot be combined, there will be a corresponding disclaimer on the checkout page.
Product Orders and Returns
All orders placed through the Site are subject to Mtn Dew Energy acceptance. This means that Mtn Dew Energy may refuse to accept or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else.
Due to our speedy shipping policy, Mtn Dew Energy does not support order cancellation. Please reach out to our Customer Care team at [email protected] with any concerns.
All sales on mountaindewenergy.com are final. We do not offer any refunds, returns or exchanges. If you are unsatisfied with a product that you have purchased, or you have a problem with an item in your order, please reach out to our Customer Care Team during their business hours (Monday-Friday 9am-5pm Eastern Time (“ET”) to report the issue. Our Customer Care team will assess whether you are entitled to receive a new shipment. All reports of issues or shortages must be reported within forty-five (45) days after delivery.
Third-Party Sites and Third-Party Content
Some of the Content, services, and features on our Site, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Site created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Site. You acknowledge that any reliance on representations and warranties provided by any party other than Mtn Dew Energy will be at your own risk. You expressly agree to hold Mtn Dew Energy harmless for any claims of damage arising from any Content, product, or service provided by any third party.
The Trademarks displayed on the Site are registered and unregistered Trademarks of PepsiCo, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, Mtn Dew Energy will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
YOU UNDERSTAND AND AGREE THAT THIS SITE, MTN DEW ENERGY, ANY OF ITS AFFILIATES, PARTNERS, CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Applicable Law and Jurisdictional Matters