Okay, so I've got this idea for a website: - People can go online and sell their valid Pepsi Stuff codes in exchange for money ($0.05 per code). - People can exchange their money when they get to a certain amount ($1.00). - The domain name WOULD NOT include Pepsi in it (for obvious trademark reasons). With this being said, are there any additional legal precautions that I should take into consideration with allowing people to sell their "Pepsi Points" to me? I'm thinking that there isn't any legal issue with this idea as long as I don't include Pepsi in the domain and clearly state that I have no affiliation with the company. So, what do you guys think? PS: What do you think AdSense would have to say about such a site?
Read Pepsi's terms of the points program. If they restrict sales, then it is a no go. They would just void, per the terms of the contest, all the points you bought. It would suck to spend real money on points just to have them all go poof. I am a coke man myself, so I have no idea what the terms of pepsi's points program include.
What stuff do you exchange the pepsi codes? If pepsi relates to anything outside the F & B industry, you have a stronger claim.
Well, they've teamed up with Amazon. You can use the points to purchase MP3 downloads, CD's, DVD's, and selected electronics and clothing. I'm mainly interested in using the points for CD's and DVD's though. I also read the TOS and it doesn't mention anything about buying or selling points, so I guess I'm in the clear.
You need to read more closely. Since I did not think it was accurate, I read the rules myself. As I suspected, your plan is against the rules. "Points have no cash value, may not be transferred to a third party(ies) and may not be aggregated from multiple Accounts." Read This Section: "6. ENTER CODE(S) INTO YOUR ACCOUNT: To enter a Code into your Account, follow the instructions on screen to enter the Code exactly as it appears and then click “submitâ€. Each time you enter a valid Code during the Promotion Period your Account will automatically be credited with the Point(s) associated with that Code (see the table in Rule 4 above for Codes found on specially-marked Pepsi products and also see Rule 7 below for Bonus Codes distributed at retail/entertainment venues) which can be used for either (a) for a Sweepstakes Entry of your choice (see Rule 8 below for details on selecting your sweepstakes drawing) or (b) a Collect-To-Get Hard Good or Download (see Rule 14 below). Points have no cash value, may not be transferred to a third party(ies) and may not be aggregated from multiple Accounts. Any unused Points remaining in an Account after the end of the Sweepstakes Entry Period will only be eligible for Collect To Get Hard Good or Download items (until the end of the Promotion Period). Any unused Points remaining in an Account after the end of the Promotion Period shall be void and of no value. The “Account History†section of the Website is designed to record all transactions within your Account, including the last ten (10) Codes entered, and Points used for Sweepstakes entry(ies) or used for Collect-to-Get Hard Good or Download. When logged onto your Account you can check your Account History for point balances and details. Sponsor assumes no liability for discrepancies, delays, omissions, inconsistencies or errors in the number of Codes entered or the number of Points acquired as a result thereof as reported on the Website. The decisions of Amazon and Sponsor with respect to Code entry, Account balances and Point transactions are final and binding and non-appealable in all respects. Standard text messaging charges will apply for all text messages received in connection with the Promotion." You can find it on this page: http://pepsistuff.amazon.com/gp/pepsistuff/rules.html I hope I saved you a lot of wasted time and money. Before you think this is not buying or selling, it most certainly is. Buying is a transfer for money. p.s. Pepsi sucks, Coke rules!