3. HOW TO PARTICIPATE: During the Promotion Period, there are two (2) ways to participate.

Transcription

1 CULVER S FAMILY FIRST VIP CONCERT SWEEPSTAKES ( PROMOTION ) OFFICIAL RULES THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION. (SEE SECTION 6 FOR ELIGIBILITY.) NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PLAY OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. INTERNET ACCESS REQUIRED IF PARTICIPATING VIA THE WEBSITE. PROMOTION IS SUBJECT TO OFFICIAL RULES. 1. PROMOTION PERIOD: The Promotion begins November 19, 2018 at 9:00:00 a.m. Central Time ( CT ) and ends December 23, 2018 at 11:59:59 p.m. CT (the Promotion Period ). The computer of Sponsor's Web master is the official time-keeping device of the Promotion. 2. PROMOTION OVERVIEW: The Promotion consists of an Instant-Win Game and a Sweepstakes. The First, Second, Third and Fourth level of prizes, (the Instant-Win Prizes ) will be awarded via the Instant-Win Game and the Grand Prize will be awarded for the Sweepstakes via a random drawing. By agreeing to abide by the Official Rules and submitting a Play (defined below) in the Instant-Win Game you are automatically entered into the Sweepstakes. See below for details. 3. HOW TO PARTICIPATE: During the Promotion Period, there are two (2) ways to participate. (a) WEBSITE: To participate in the Promotion via the Website (defined below), you must obtain a Promotion Code. To obtain a Promotion Code, purchase a Culver s Value Basket or a 22-oz. fountain beverage at any participating Culver s location to receive a specially-marked fountain cup ( Cup ), while supplies last. Look for the Promotion Code on your Cup. Cups are scheduled to be available at participating Culver s restaurants until December 23, 2018, or when supplies are exhausted, whichever occurs first. Once you have obtained a Promotion Code, log on to culversvip.com (the Website ) and follow the instructions to enter your Promotion Code and play for a chance to win an Instant-Win Prize (a Play ). Each Promotion Code may only be submitted once. If your screen displays a prize-winning message, you are a winner of the Instant- Win Prize indicated (subject to verification). If your screen does not display a prize-winning message, you are not a winner of an Instant-Win Prize. (b) CALL TOLL FREE: To participate without making a purchase, call toll-free from your home touch-tone telephone or cell phone and follow the automated instructions to play for a chance to win an Instant-Win Prize (also a Play ). Callers will be required to enter their first and last name, home address, city, state, zip code, daytime phone number and date of birth (as two digits for month, two digits for day and four digits for year). All calls must be made from a phone number with an area code associated with an Eligible State (see Section 6) or entrant s home address must have a zip code from an Eligible State. If you are a winner of an Instant-Win Prize, you will hear a voice message indicating that you have won (subject to verification). The message will also provide next steps on how to claim your Instant-Win Prize. If you are not a winner of an Instant-Win Prize, you will hear a voice message indicating that you did not win a prize. In the event of an identity dispute of an entrant participating via Call Toll Free, the Play will be considered made by the registered owner of the phone number used for the Play. During the Promotion Period, randomly selected times will be chosen, and the first entrant who completes a Play in accordance with these Official Rules (whose Play is properly received and recorded by Sponsor's computer) at or immediately after a randomly-selected time will win the indicated Instant-Win Prize (subject to verification). Odds of winning an Instant-Win Prize depend

2 on the number of eligible Plays received and the order in which they are received. For each Play, you will receive one (1) entry into the Grand Prize Drawing. See Section 5 for random drawing details. Limit one (1) Play per Promotion Code per day per person/ /household (applies to Website participation method only); up to three (3) total Plays per day per person/ /phone number/household, regardless of method of participation. A day is defined as the twenty-four (24) hours between 12:00:00 a.m. CT and the following 11:59:59 p.m. CT with the exception of the first day of the Promotion Period which shall begin at 9:00:00 a.m. CT and end the following 11:59:59 p.m. CT. Applicable to Plays submitted via the Website: The name of the person submitting a Play into the Promotion must be the name of the authorized account holder of the address used to enter, otherwise, Play may be deemed void. In the event of a dispute over the identity of an entrant, Play will be declared made by the authorized account holder of the address used during the submission process. A potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account. It is solely the responsibility of the entrant to notify the Pepsi-Cola Company ( Sponsor ) in writing if the entrant changes his or her address during the Promotion Period. Applicable to all Plays: Proof of delivery or receipt of Play will not be deemed by the Sponsor as proof of submitting a Play into this Promotion. Each Play must be manually key stroked and/or manually entered by the individual entrant; automated and/or repetitive electronic submission of Plays (including but not limited to Plays made using any script, macro, bot or Promotion service) will be disqualified and transmissions from these or related addresses or IP addresses may be blocked. Additionally, use of multiple addresses, phone numbers or addresses or the manipulation of an entrant s contact information for the purpose of obtaining more than the stated number of Plays/entries is prohibited and such persons will be disqualified and all Plays/entries shall be deemed invalid and any prize won shall be forfeited. 4. PRIZE DETAILS: SWEEPSTAKES PRIZES: Grand Prize (1): The Grand Prize consists of two (2) Rock Flight packages. Each Rock Flight includes two (2) tickets to winner s choice of a Live Nation produced and promoted concert at a Live Nation owned and operated venue in the United States; round-trip, coach class air transportation for winner and one (1) guest* from the major airport nearest winner s home within the U.S. to the major airport nearest the concert; one (1) double-occupancy standard hotel room for two (2) nights / three (3) days; and a $ pre-paid cash card (subject to terms and conditions as stated by issuer) to use toward ground transportation. *Sponsor s intention is for winner to use both Rock Flights at once to accommodate a family of up to four (4) people in total, however, winner may choose to use each Rock Flight separately as long as both packages are redeemed by September 30, Upon redemption of either one or both Rock Flights, winner (only) will receive an additional $ pre-paid cash card (subject to terms and conditions as stated by issuer). For clarity: If/when winner redeems both Rock Flights, winner (only) will receive a total of $ in pre-paid cash cards. Tickets are subject to availability, venue capacity and artist restrictions. Tickets to a particular concert are not guaranteed. Selection of airline, hotel and concert seat locations are solely within Live Nation s discretion. All other expenses not specifically mentioned herein are solely the winner s responsibility. Live Nation reserves the right to provide ground transportation in lieu of air transportation if the winner resides within two hundred (200) miles from concert venue. Winner and guest(s) must abide by all venue policies. Live Nation reserves the right to revoke full or partial prize from any winner or winner s guest who it or venue personnel deem may, in its sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, or may bring Live Nation into disrepute. Winner will be required to provide a credit card to hotel to cover incidentals which are not included in prize package. Concert must be selected at least thirty (30) days in advance of the travel date and is

3 subject to availability and age restrictions. Travel must take place on the day prior to the confirmed concert and return the day following the concert. All travel must be taken no later than September 30, If winner is unable or unwilling to travel by the date specified, the prize will be forfeited and may be awarded to an alternate winner. All travel subject to availability and restrictions. Winner and guest(s) must travel on same itinerary. A minor may accompany winner as a guest only if the winner or one of winner s guests is the minor s parent or legal guardian. Minor must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor s parent or legal guardian. Winner s guest(s) (or if guest is a minor, minor guest s parent or legal guardian) must sign and return a travel release before any ticketing of travel occurs. Winner and guest(s) must have all necessary identification and/or travel documents (e.g., a valid U.S. or government issued passport or valid state issued driver s license) required for travel. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Live Nation is not responsible for changes in schedule of any element of the prize or for any expenses incurred as a consequence of flight cancellation or delay. Live Nation is not responsible and will have no liability if the winner and/or his/her guest is for any reason not permitted to travel by the relevant airport authorities or misses a flight or other travel element. An unclaimed and/or unused prize element will remain the property of Live Nation. Resale of tickets is prohibited. Approximate Retail Value ( ARV ) of Grand Prize: Up to $7, ($3, per Rock Flight plus one [1] additional $ pre-paid cash gift card), depending upon winner s point of travel origin and airfare fluctuations at the time of taking the trip. Any difference between stated approximate retail value and actual value of prize will not be awarded. INSTANT-WIN PRIZES: First Prizes (10): Each First Prize consists of a pair of Brookstone/Pepsi Bluetooth head phones. ARV: $ each. Second Prizes (5): Each Second Prize consists of a $ Live Nation Concert Cash code ( Code )** which may be used towards the purchase of concert ticket(s). ARV: $ each. Third Prizes (50): Each Third Prize consists of a $25.00 Culver s gift card (subject to terms and conditions as set by issuer). ARV: $25.00 each. Fourth Prizes (100): Each Fourth Prize consists of a $10.00 itunes gift card (subject to terms and conditions as set by issuer). ARV: $10.00 each. Total ARV of all prizes: Up to $11, **Applicable to Live Nation Concert Cash : The Code is redeemable only on the Live Nation website located at The Code is a one-time use only voucher code good toward $ off final ticket purchase for a Live Nation concert at a participating Live Nation owned or operated venue in the United States, based on availability under this program; OR $ off select merchandise sold at the Musictoday online merchandise store. Value of Code must be used in one transaction for one (1) concert through Live Nation OR one transaction at Musictoday. If price of ticket(s) or merchandise is less than the value of the Code, the balance of the value is forfeited. Code cannot be used toward fan clubs, ticket packages or shipping charges. Exclusions may apply to TM+ tickets not sold directly by Live Nation. All ticket purchases are subject to the Purchase Policy found at All merchandise purchases are subject to the Terms of Use found at Code must be redeemed by September 30, 2019, while supplies last. A Code can be used only once. One Code per transaction. Possession of a Code does not guarantee seating at a particular concert or availability of a particular item at MusicToday. Codes are void if not obtained through authorized, legitimate channels, or if any part

4 is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if Codes contain or are the result of a printing, seeding, typographical, mechanical or other error(s), or do not contain proper security devices (an irregular Code ). Any attempt to obtain or generate multiple Codes and/or irregular Codes and/or to use multiple names, addresses, phone numbers and/or any fraudulent or other non-permissible mechanisms to obtain Codes, as determined by Live Nation in its sole discretion, shall give Live Nation the right to disqualify user. The Code has no cash value and cannot be exchanged for cash or credit, except as required by law. The Code cannot be sold or bought. Void if sold or exchanged for compensation. Any unused value will be forfeited. The Code cannot be combined with other product offers or promotions. Items purchased with a Code are for personal use or gifts only, and are not valid for resale. Codes cannot be used for past purchases or offers. Use of a Code for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. The Code cannot be replaced if lost or stolen and Live Nation is not responsible for any damage or loss resulting from unauthorized use. The Code is void where prohibited by law. Full Code Terms of Use apply. If a Code is used in violation of the Code Terms of Use, Live Nation reserves the right to (a) cancel any ticket or merchandise order, or (b) charge user s credit card for value of tickets or merchandise after shipment. Once tickets are issued, they cannot be exchanged for other tickets or merchandise. Merchandise may not be exchanged for tickets, but may be exchanged for other merchandise of equal or lesser value. Prize cannot be transferred. 5. SWEEPSTAKES - RANDOM DRAWING: One (1) Grand Prize winner will be randomly selected on or about December 26, 2018 from all eligible entries received during the Promotion Period by an independent judging organization, whose decisions shall be final. Odds of winning the Grand Prize depend on the number of eligible entries received for the entire Promotion Period. Prize Limits: Limit two (2) Instant-Win Prizes per person/ address/household. A winner of an Instant-Win Prize is eligible to win the Grand Prize. 6. ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT RESIDING IN THE STATE OF ALABAMA, ARIZONA, COLORADO, FLORIDA, GEORGIA, IDAHO, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, MICHIGAN, MINNESOTA, MISSOURI, NEBRASKA, NORTH CAROLINA, NORTH DAKOTA, OHIO, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, TEXAS, UTAH, WISCONSIN or WYOMING (EACH AN ELIGIBLE STATE ) THROUGHOUT THE PROMOTION PERIOD AND 18 YEARS OF AGE OR OLDER (19 in ALABAMA/NEBRASKA) AT THE TIME OF PARTICIPATION to participate and be eligible to win. Potential winners may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility and as a condition of prize award. Employees of Culver Franchising System, LLC, its participating locations, Pepsi-Cola Company ( Sponsor ) and its bottlers, and all of their respective parents, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies (collectively, Sponsor and Promotion Parties ), and the immediate family members (parent, child, sibling or spouse of any of the foregoing, including step-parent, step-child or step-sibling) and household members of such individuals (whether related or not) of each, are not eligible to participate or win. 7. GENERAL: This Promotion is subject only to the laws of New York State in the United States. Unclaimed prizes will not be awarded. Except as determined by Sponsor in its sole discretion, no substitution of prize is offered, no transfer of prize to a third party is permitted. Prize winners will be solely responsible for all applicable federal, state and local taxes on prizes. Winners will receive an IRS Form 1099 for the retail value of their prize, if applicable. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of a prize not accepted by winner will be forfeited. Each prize winner s first name, last initial and state will be disclosed on Winner s List, which will be distributed upon request and as required by law. 8. CONDUCT: By participating in this Promotion, entrants agree to be bound by these Official Rules and the decisions of the judges that shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right, at its

5 sole discretion, to disqualify any individual found to be tampering with the Play-submission process or the operation of the Promotion or Website; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive; or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 9. LIMITATIONS OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate information captured, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Plays/entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet or Website, or any combination thereof; (e) any injury or damage to entrant s or to any other person's computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion or download any materials in the Promotion. If, for any reason, the Promotion is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. In the event of any such cancellation, termination or suspension, a notice will be posted at participating stores and a random drawing may be held from among all eligible, non-suspect Plays/entries received prior to such time. Sponsor reserves the right, at their sole discretion, to disqualify any entrant (and all of his/her Plays/entries) from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates if he/she tampers with the Play-submission process or if his/her fraud or misconduct affects the integrity of this Promotion. Sponsor reserves the right to correct errors in promotional materials. The Website is subject to Sponsor s privacy policy available at Additionally, any communication between entrant and Sponsor or its agencies regarding the Promotion (e.g. phone calls, text messages, chats, , etc.) may be recorded for quality assurance and training purposes. 10. DISCLAIMER: Promotion Codes are void if not obtained through authorized, legitimate channels, or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if Promotion Codes contain or are the result of programming, printing, seeding, typographical, mechanical or other errors, or do not contain proper security devices. Sole liability for a regular official Promotion Code is limited to replacement with a free randomly selected official Promotion Code, while supplies last. Promotion Codes may not be transferred, sold, bartered, auctioned (including through Internet auction sites), given away, traded or obtained through any source other than through the method described in these Official Rules. No more than stated number of prizes will be awarded. In the event that a programming, production, seeding or printing error or any other reason causes more than the stated number of prizes, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves right to award only the stated number of prizes. Screen shots are not proof of winning status. 11. WINNER NOTIFICATION: Potential Instant-Win Prize winners will be notified instantly with a Prize Confirmation notice on their computer screen or via the automated operator (depending on method of participation) with instructions on how to claim their prize (subject to verification and compliance with these Official Rules). Potential Grand Prize winner will be notified

6 by mail, and/or phone. Potential winners may be required to claim their prize within seven (7) days of notification by signing and returning an Affidavit of Eligibility and Liability/Publicity Release (where permitted by law). In the event the Affidavit and Release is not returned within seven (7) days, prize may be forfeited. Any winner notification returned as undeliverable without a forwarding address will result in prize forfeiture. Upon forfeiture for any reason, no compensation shall be given. Prizes will only be awarded to individuals residing within an Eligible State. Allow up to eight (8) weeks for delivery of prize following the notification process. The Grand Prize will be awarded; if any other prize level is returned as undeliverable, prize will be forfeited and Sponsor shall have no further liability to award that prize. 12. WINNER RELEASES: All entrants, as a condition of submitting a Play into the Promotion, agree to release Sponsor, Promotion Parties, and Live Nation Worldwide, Inc. ( Live Nation ) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons or property which may be sustained in connection with accessing the Website, submitting a Play or otherwise participating in any aspect of the Promotion, the receipt, ownership, use or misuse of any prize awarded or any typographical or other error in these Official Rules or the announcement of offering of any prize. The winner shall bear all risk of loss or damage to their prize after it has been delivered. Except for residents of Tennessee and where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Website) the winner s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor. 13. WINNERS LIST: For a list of major prize winners, send a self-addressed, stamped envelope to be received by January 31, 2019, to: Culver s Family First VIP Concert Sweepstakes Winner s List Request, 10 South 5th Street, 7th Floor, Dept , Minneapolis, MN SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, New York PEPSI-COLA, PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc Culver Franchising System, LLC. Live Nation is not a sponsor of the Promotion and is in no way responsible for the administration of the Promotion, the verification of winners or the fulfillment of prizes. All inquiries regarding the Promotion should be directed to Sponsor and not to Live Nation. Live Nation, Rock Flight and Concert Cash are registered trademarks of Live Nation Worldwide, Inc.