NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.
Promotion Period : The Promotion begins at 12:00:00 am Eastern Time (“ET”) on September 1, 2023 and ends at 11:59:59 pm ET on December 31, 2023 (the “Promotion Period”).
Winner Determination/Prize/Approximate Retail Value (“ ARV”): On or about two (2) business days after the Promotion Period has ended, Administrator, an independent judging agency, shall perform a Prize Drawing from among all eligible Entries received (“Prize Drawing”), to select one (1) potential Grand Prize Winner (“Grand Prize Winners”) in each of the four (4) Eligibility Areas. Once confirmed, four (4) Grand Prize Winners will receive two (2) Dr Pepper® branded Adirondack Chairs (ARV: $330) and one (1) Dr Pepper® Branded Solo Stove (ARV $620). The total ARV of all prizes available to be awarded in the Promotion is Three thousand Eight Hundred dollars (ARV: $3,800 ) . Limit one (1) Prize per person. Winner may be required to sign an affidavit of eligibility and release of publicity/liability within the time Sponsor or Administrator specifies or prize may be forfeited. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Promotion. Odds of winning a Prize are dependent upon the total number of eligible Entries received. In no event will Sponsor be responsible for awarding more than the stated number of Prizes herein. No transfer, substitution, or cash equivalent for any Prize, in whole or in part, will be permitted, except at Sponsor's sole discretion due to Prize unavailability for any reason, and only then for a prize of greater or comparable value determined by Sponsor shall be allowed. All federal, state, and other tax liabilities, if any, and all other costs and expenses associated with Prize acceptance and use not specified herein as being provided in this Sweepstakes are the sole responsibility of the Prize Winners. The Prize Winners will receive an IRS Form 1099 (if applicable) at the end of the tax year in which they accepted the Prize for the actual value of the Prize awarded. All Prize details are at Sponsor’s sole discretion.
Prize Winner Notification/Verification: The potential Prize Winner(s) are not official winner(s) unless and until Sponsor/Administrator confirms such. The potential Prize Winner(s) will be notified via email to the email address or phone number (if available) provided, on or about one (1) business day after the Prize Drawing. Administrator will make two (2) attempts to contact each potential Prize Winner via such method. Potential Prize Winner(s) will have one (1) business day from the time of the first notification attempt to respond to Administrator or potential Prize Winner will be disqualified and Administrator will select/notify an alternate potential Prize Winner, time permitting. If in any instance, notification attempt(s) for a potential Prize Winner fails for any reason, or if a potential Prize Winner is found to have not complied with these Official Rules, fails to return any of the requested documents within the timeframe provided, or cannot accept the Prize for any reason, the applicable Prize will be forfeited and an alternate potential Prize Winner will be selected from among remaining eligible Entries for the applicable drawing, if any, time permitting.
Publicity Grant: Acceptance of a Prize constitutes permission for the Sponsor and its designees to use the name, account information, email, or actual or simulated likeness, biographical information, city, state, opinions, and Prize information of the Prize winner in connection with the Promotion and the marketing thereof (including, without limitation, for advertising and promotional purposes), in perpetuity, throughout the universe, in all media, without additional compensation, notification or permission, unless prohibited by law. Further, each Prize winner hereby indemnifies the Released Parties from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from breach of these Official Rules or Prizes.
General Terms/Limitation of Liability: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ENTRANTS OR WINNERS OR ANY BEHAVIOR BY A WINNER THAT WILL BRING SUCH WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION FROM THE SWEEPSTAKES AND FORFEITURE OF ANY PRIZE. Released Parties assume no responsibility for incorrect or inaccurate Entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error, which may occur in the processing of the Entries in this Sweepstakes. Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or other services, or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the Prizes, fulfillment of Prizes, or in any Sweepstakes-related materials. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated Entries are permitted. Sponsor reserves the right in its sole discretion to disqualify any individual (and void all associated Entries) it suspects or finds: (i) to have used a software-generated, robotic, programmed, script, macro or other automated means of entry or any other means to subvert the entry process; (ii) to have tampered with the entry process or the operation of this Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, RELEASED PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Entrants agree that the Released Parties (a) shall not be responsible or liable for, and hereby release the Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use the Prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose. Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Released Parties. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. Sponsor reserves the right, in its sole discretion, to modify these rules for the purposes of fulfilling the intent of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted where Sponsor deems fit and the Prizes will be awarded via random drawings from among all eligible Entries received for each drawing up until the time of termination, or in a manner that is fair and equitable as determined by Sponsor. In such event, Sponsor reserves the right to award the Prizes at random from among the eligible Entries received throughout the Sweepstakes Period and overall, up to the time of the impairment. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If any part of these Official Rules is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Official Rules shall continue in effect. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL RELEASED PARTIES BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZES TO BE AWARDED TO AN INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES.
Governing Law/Venue: THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF. THE RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED IN PROMOTIONAL LAW AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN COLLIN COUNTY TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Request for the Names of Winners and/or Official Rules: For the names of the Prize winners, available after the Promotion Period has ended, send a self-addressed stamped envelope, to be received by 1/15/23, to 2023 MyCoke Fall Football Sweepstakes Getaway PO Box 7775 Cumberland, RI 02864.
SPONSOR: Dr Pepper/Seven Up, Inc. 6425 Hall of Fame Lane, Frisco, TX 75034