Terms of Use

TERMS OF USE

Please Read the following Terms of Use and Disclaimers carefully before using this Web Site.

Acceptance of Terms

This Site is designed for and targeted to individuals who are legal residents of the US currently residing in one of the fifty (50) United States or the District of Columbia and at least 18 years of age (19 in AL/NE) or older. In order to use and access the features, services and purchase products provided or offered by this Site you must be a legal resident of the US currently residing in one of the fifty (50) United States or the District of Columbia and 18 years of age (19 in AL/NE) or older. If you are not a legal resident of the US currently residing in the one of the fifty (50) United States or District of Columbia and 18 years of age (19 in AL/NE) or older, please stop and discontinue your use of this website.  By using this Site, you agree to be legally bound by these Terms and Conditions and this Site’s Privacy Policy.  Game Fuel reserves the right to change the terms of these Terms and Conditions or to change, modify or otherwise alter any features of this Site at any time and for any purpose without notice. You should visit this page regularly and review these Terms and Conditions for the current terms, since your continued access or use of the Site will be deemed as an irrevocable acceptance of any such changes, modifications or alterations.

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. Game Fuel 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 Game Fuel’s sole discretion. Game Fuel neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Game Fuel.

As a condition of your use of the site, you will not use the site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

From time to time, Game Fuel 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 Game Fuel, (b) become the property of Game Fuel and Game Fuel shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Game Fuel, 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, Game Fuel 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.

If you do submit material, and unless we indicate otherwise, you grant Game Fuel and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Game Fuel is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Game Fuel. You grant Game Fuel and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this site will be handled in accordance with the site's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Game Fuel for all claims resulting from content you supply.

Disclaimers

Your use of this site is at your sole risk. The site is provided on an "as is" basis.

Game Fuel 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.

Indemnification

You agree to defend, indemnify and hold Game Fuel 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.

Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of Game Fuel 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 Game Fuel.

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 Game Fuel. However, even if such third parties are affiliated with Game Fuel, Game Fuel has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Game Fuel. Game Fuel 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 Game Fuel's historical experience and our present expectations or projections. PepsiCo undertakes no obligation to publicly update or revise any forward-looking statements.

Registration

Some of the features on this Site (including our Victory Pass Rewards Program) require users to create an account for Gamefuel.com. 

If you wish to register on our Site, you agree to provide accurate information about yourself as required by the registration form. You also agree that you will only register for one account on the site. We reserve the right to suspend or terminate your use of our Site if we discover that you have violated these Terms of Use. You are responsible for maintaining the confidentiality of your account details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data.

 

Registered users who refer a new customer to gamefuel.com can earn a 10% discount code  for each successful new customer referral. To qualify, the referred person must place an order on gamefuel.com and be a new customer to the website. If you do not wish to create an account for Gamefuel.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 

 

Game Fuel offers users of gamefuel.com the ability to subscribe to  SMS Alert and Notification services via SMSBump by opting in at the time of checkout. By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, 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 PEPConsumerRelations@pepsico.com. 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

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 one of the fifty (50) United States or the District of Columbia.  

If a product is currently unavailable in your area, there will be a corresponding disclaimer on the product page and at checkout. 

Game Fuel 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 Game Fuel’s fault) and the product is returned to Game Fuel as undeliverable, then Game Fuel may contact the customer and arrange for redelivery. The customer agrees to pay any shipping charges associated with redelivery of their items. 


Shipping Policy

Game Fuel aims to ship products within one (1) to five (5) business days from the time payment is received. Any dates quoted for delivery of the products are approximate only.  The time for delivery shall not be of the essence and Game Fuel shall not be liable for any delay in delivery. 

Game Fuel is pleased to offer free UPS Ground Shipping to all members of the Victory Pass Rewards Program residing in the continental United States. Free shipping does not include Alaska or Hawaii and will be automatically applied at checkout. Free Shipping is a limited-time offer and ends on March 16, 2021.

If you are not a member of Victory Pass Rewards, Game Fuel offers a variety of shipping methods and the shipping cost is calculated based on the location of the delivery address, shipping speed chosen and the weight of the products you order. Shipping costs will be calculated at checkout and will be determined by weight of product, shipping method, and shipping address. 

Game Fuel Orders currently only ship to the United States. We do not ship internationally, to P.O. Boxes, or FPOS. To ensure proper and efficient delivery of your order, your shipping address must be a street address. 


Gamefuel.com Promotions

Some discount codes that offer discounts on Gamefuel.com merchandise may carry certain restrictions. Please refer to the specific Game Fuel 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 Gamefuel.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 Game Fuel acceptance. This means that Game Fuel 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. 

Cancellations 

Due to our speedy shipping policy, Game Fuel does not support order cancellation. Please reach out to our Customer Care team at PEPConsumerRelations@pepsico.com with any concerns.  

Return Policy 

All sales on gamefuel.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 or not you are entitled to receive a new shipment. All reports of issues or shortages must be reported within forty-five (45) days after delivery. 

IMPORTANT!

Shipping charges for orders that are deemed "undeliverable" by the shipping carrier (either due to an improperly entered address or any other reason) are non-refundable. Please ensure that you enter the correct "ship-to" address when placing your order , as we do not modify shipping addresses in any way before they leave our distribution center.


Third-Party Sites and Third-Party Content

Certain areas of the Sites and our payment processing functions may be operated on behalf of Game Fuel by third parties, and may be subject to the Terms of Use and/or Privacy Policies of those parties. Game Fuel is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas operated by third parties.

Our Sites may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, which we encourage you to review.

Some of the Content, services, and features on our Sites, 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 Sites created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Sites. You acknowledge that any reliance on representations and warranties provided by any party other than Game Fuel will be at your own risk. You expressly agree to hold Game Fuel harmless for any claims of damage arising from any Content, product, or service provided by any third party.


Trademarks

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, Game Fuel 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, GAME FUEL, 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.

Privacy

We respect your privacy and the use and protection of your personal information. Please see the MTN DEW®  Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of the Site.


Applicable Law and Jurisdictional Matters

These Terms and Conditions are governed and interpreted under the laws of the state of New York, United States of America. By using this Site you consent to the jurisdiction of the courts located in New York for any action arising from these Terms of Use. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. Game Fuel's failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Game Fuel's rights with respect to such breach or any subsequent breaches.