PEPSI /HOOTERS BIG GAME PROMOTION ( PROMOTION ) OFFICIAL RULES

Transcription

1 PEPSI /HOOTERS BIG GAME PROMOTION ( 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.) VOID IN ME, MS, MT, SD AND WHERE PROHIBITED. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. INTERNET ACCESS REQUIRED. PROMOTION IS SUBJECT TO OFFICIAL RULES. 1. PROMOTION PERIOD: Promotion begins on September 3, 2018 at 9:00:00 a.m. Central Time ( CT ) and ends on December 31, 2018 at 11:59:59 p.m. CT (the Promotion Period ). Multiple entry periods apply. Plays must be received by 11:59:59 p.m. CT on December 14, 2018 in order to be eligible for the Grand Prize drawing. See Section 4 for Weekly Drawing and Grand Prize Drawing details. The computer of Sponsor's Web master is the official timekeeping device of the Promotion. 2. PROMOTION OVERVIEW: The Promotion consists of an Instant-Win Game (defined below), Weekly Drawings (defined below) and a Grand Prize Drawing (defined below). The Instant-Win Prizes will be awarded via the Instant-Win Game. The Grand Prize (defined below) will be awarded via the Grand Prize Drawing. The Weekly Prizes (defined below) will be awarded via Weekly Drawings. 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 applicable Weekly Drawing and Grand Prize Drawing if your Play is received between 9:00:00 a.m. CT on September 3, 2018 and 11:59:59 p.m. CT on December 14, 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 applicable Weekly Drawing if your Play is received between December 15, 2018 at 12:00:00 a.m. CT and December 31, 2018 at 11:59:59 p.m. CT. See below for details. 3. HOW TO PARTICIPATE: A Promotion Code is required in order to participate. There are two (2) ways to obtain a Promotion Code: (a) Visit Hooters; purchase a 32-ounce fountain beverage: During the Promotion Period and while supplies last, purchase a limited-edition qualifying 32-ounce fountain beverage at any participating Hooter s location to receive a specially-marked fountain cup ( Cup ). Look for the Promotion Code on your Cup. Cups are scheduled to be available at participating Hooter s restaurants until December 31, 2018, or when supplies are exhausted, whichever occurs first. (b) To obtain a Promotion Code without making a purchase: Hand print your full name, address, city, state, zip code and address on a 3" x 5" card and mail the 3 x 5 card to: Pepsi/Hooters Big Game Promotion Code Request, PO Box , Dept , El Paso, TX Requests must be received by December 26, One (1) Promotion Code will be ed to the address provided on the 3 x 5 card. Limit one (1) free Promotion Code per request per stamped-outer envelope. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, stolen, postage-due or misdirected mail. Once you have obtained a Promotion Code, log on to huthuthooters.com (the Website ) during the Promotion Period and follow the instructions to enter your Promotion Code (the Instant-Win Game ) and play for a chance to win an Instant-Win Prize. Each Promotion Code entered to win an Instant-Win Prize will constitute one (1) Play. If your screen displays a prizewinning message, you are a winner of the Instant-Win Prize indicated (subject to verification by Sponsor in its sole discretion). If your screen does not display a prize-winning message, you are not a winner of an Instant-Win Prize. Each Promotion Code may only be submitted once.

2 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 by Sponsor in its sole discretion). Odds of winning an Instant-Win Prize depend 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 Weekly Drawing (corresponding to the Week in which you submitted your Play). Additionally, if your Play is submitted between 9:00:00 a.m. CT on September 3, 2018 and 11:59:59 p.m. CT on December 14, 2018 you will receive one (1) entry into the Grand Prize Drawing. See Section 4 for Weekly Drawing and Grand Prize Drawing details. All entries must be received and recorded during the Promotion Period. Limit one (1) Promotion Code submission per day per person/ address. A Day is defined as the 24- hour period 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. 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, the Play may be deemed void by Sponsor in its sole discretion. In the event of a dispute over the identity of an entrant, the 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 Sponsor in writing at the Sponsor s address listed at the bottom of these Official Rules (Attn: Customer Relations) if the entrant changes his or her address during the Promotion Period. Proof of delivery or receipt of a 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 sweepstakes 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 allowable number of Plays is prohibited, and such persons will be disqualified, such persons Plays shall be deemed invalid, and any prize won by such persons shall be forfeited. 4. WEEKLY DRAWINGS; GRAND PRIZE DRAWING: (a) Weekly Drawings: Weekly winner(s) will be selected in a random, weekly drawing (each a Weekly Drawing ) to be held on or about each Drawing Date listed in the schedule below from among all eligible entries received for the corresponding Week as set forth in the schedule below. There will be a total of seventeen (17) Weekly Drawings conducted during the Promotion Period, for a total of twenty (20) winners. See Section 5 for prize details, including quantity of prize winners per Weekly Drawing. Entries will not carry forward to subsequent Weekly Drawings. Odds of winning a Weekly Prize depend on the number of eligible entries received for a given Weekly Drawing. (b) Entry/Weekly Drawing Schedule: All Weeks start at 12:00:00 a.m. CT on the Start Date and end at 11:59:59 p.m. CT on the End Date, with the exception of Week 1 which shall start at 9:00:00 a.m. CT on the Start Date. Week Start Date End Date Drawing Date 1 09/03/18 09/09/18 09/10/18

3 2 09/10/18 09/16/18 09/17/ /17/18 09/23/18 09/24/ /24/18 09/30/18 10/01/ /01/18 10/07/18 10/08/ /08/18 10/14/18 10/15/ /15/18 10/21/18 10/22/ /22/18 10/28/18 10/29/ /29/18 11/04/18 11/05/ /05/18 11/11/18 11/12/ /12/18 11/18/18 11/19/ /19/18 11/25/18 11/26/ /26/18 12/02/18 12/03/ /03/18 12/09/18 12/10/ /10/18 12/16/18 12/17/ /17/18 12/23/18 12/26/ /24/18 12/31/18 01/02/19 (c) Grand Prize Drawing: One (1) Grand Prize winner will be randomly selected on or about December 17, 2018 from all eligible entries received by 11:59:59 p.m. CT on December 14, 2018 ( Grand Prize Drawing ). Odds of winning the Grand Prize depend on the number of eligible entries received up to and including 11:59:59 p.m. CT on December 14, All Drawings will be conducted by an independent judging agency, whose decisions are final in all matters relating to this Promotion. Plays submitted during the Promotion Period are only eligible for this Promotion and do not remain eligible for any subsequent Promotion. 5. PRIZE DETAILS: GRAND PRIZE: One (1) grand prize will be awarded, consisting of a trip for the grand prize winner and one guest (1) to attend the game in Atlanta, Georgia on February 3, Travel Dates: January 31, 2019 February 4, The grand prize trip consists of roundtrip coach air transportation for two (2) from a major gateway airport nearest grand prize winner s residence (as determined by Sponsor in its sole discretion); standard, double-occupancy hotel accommodations for four (4) nights; two (2) tickets to the game; two (2) tickets to Sponsor s game party; ground transportation to/from hotel and the game; two (2) gift bags; and $ spending money (awarded in the form of a check, payable to the Grand Prize winner) (collectively, the Grand Prize ). Selection of airport, airline, hotel, and ground transportation are solely within Sponsor s discretion. All other expenses not specifically mentioned herein are solely the Grand Prize winner s responsibility. The Grand Prize winner will be required to provide a credit card to the hotel to cover incidentals which are not included in the Grand Prize package. All travel is subject to availability and restrictions. The Grand Prize winner and travel guest must travel on same itinerary. A minor may accompany the Grand Prize winner as the travel guest only if the Grand Prize winner is the minor s parent or legal guardian. The minor must be accompanied at all times during trip (including, but not limited to, in-flight and during the hotel stay and all prize-related events) by his/her parent or legal guardian who must be the Grand Prize winner. The Grand Prize winner and travel guest must have all necessary identification and/or travel documents (e.g., a valid U.S. state issued driver s license) required for travel. The Grand Prize winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the Grand Prize trip. Sponsor is not responsible for changes in schedule, of any element

4 of the Grand Prize, or for any expenses incurred as a consequence of flight cancellation or delay. Sponsor is not responsible and will have no liability if the Grand Prize winner and/or his/her travel guest are for any reason not permitted to travel by the relevant airport authorities or misses a flight or other Grand Prize element. It is recommended that the Grand Prize winner and his/her travel guest obtain sufficient personal insurance prior to departure. Approximate Retail Value ( ARV ) of the Grand Prize: $8, The actual retail value of the Grand Prize may vary, depending on the Grand Prize winner s place of residence. Any difference between the stated value and actual value of the Grand Prize will not be awarded to the Grand Prize winner. WEEKLY PRIZES: Twenty (20) weekly prizes will be awarded (one (1) for Weeks 1 through 14 and two (2) for Weeks 15, 16, and 17), each consisting of Free Smoked Wings for 1- Year ( Weekly Prize ). Each Weekly Prize shall be awarded to winner in the form of a coupon valid for (10) free smoked chicken wings per week for 52-weeks, with a maximum retail value not to exceed $ Subject to certain restrictions as noted below. Chicken wings prize will be awarded to winner via weekly electronic coupon on the Hooters HootClub app, or as otherwise specified by Sponsor. Subject to the terms, conditions and restrictions as listed on the HootClub app. Maximum of (10) free chicken wings may be redeemed during each weekly period (Mon Sun) of a 52-week period as designated by Sponsor, in Sponsor s sole discretion (based on prize award date). Any unused weekly redemptions will expire and are void, do not roll over, and may not be redeemed or exchanged for any other prize or offer. Each weekly 10-free wing offer is valid for dine in only with the minimum purchase of one soft drink (excludes celery and bleu cheese, where applicable). Must present original HootClub electronic certificate or other certificate as designated by Hooters at time of each order. Weekly Prize valid only at the participating Hooters Restaurant location(s) stated by Sponsor, in Sponsor s sole discretion. Participating locations reserve right to substitute alternate menu item of equal or greater value. ARV of each Weekly Prize: $ Limit one (1) Weekly Prize per person/ address/household. A Weekly Prize winner is eligible to win Instant-Win Prize(s) and/or the Grand Prize. INSTANT-WIN PRIZES: Instant-win prizes are listed as follows (the Instant-Win Prizes ): Quantity Available During Promotion Period / Description / ARV of each Instant-Win Prize. Limit ten (10) Instant-Win Prizes per person/ address. An Instant-Win Prize winner is eligible to win a Weekly Prize and/or the Grand Prize. 30,000 / Free Pepsi Soft Drink. ARV: $ ,003 / Free Fried Pickles, Cheese Sticks or Lots-A-Tots Appetizer. ARV: $ / $5.00 OFF your next purchase. ARV: $ ,534 / Free Small order of Buffalo Shrimp Appetizer. ARV: $ ,534 / Free Buffalo Chicken Dip Appetizer. ARV: $ / A Hooters souvenir. ARV: up to $ All Instant-Win Prizes are subject to terms and conditions as stated within the prize message. Total ARV of all prizes: up to $1,042, ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT RESIDING IN ONE OF THE 46 ELIGIBLE UNITED STATES (EXCLUDES ME, MS, MT and SD) OR THE DISTRICT OF

5 COLUMBIA THROUGHOUT THE PROMOTION PERIOD AND 18 YEARS OF AGE (19 in AL or NE) OR OLDER AT THE TIME OF PARTICIPATION to participate and be eligible to win. Void in ME, MS, MT, SD and where prohibited. 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 Hooters, Inc., its participating locations, Pepsi-Cola Company ( Sponsor ) and its bottlers, and all of their respective parents, subsidiaries, divisions, affiliates, participating retailers, suppliers, printers, distributors and advertising, promotional and judging agencies ( 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 the State 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 any prize is offered, no transfer of any prize to a third party is permitted, and non-cash prizes may not be redeemed for cash value (unless Sponsor so elects in its sole discretion). Winners will be solely responsible for all applicable federal, state and local taxes on prizes. The Grand Prize winner will receive an IRS Form 1099 for the retail value of his/her prize. 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 a winner will be forfeited. 8. CONDUCT: By entering this Promotion, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and judges, which shall be final and binding in all respects. The Official Rules will be posted on the Website throughout the Promotion Period. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right in its sole discretion to disqualify any individual found to be tampering with the operation of the Promotion or the 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. In the event an entrant wins a prize and is later found to be in violation of these Official Rules, he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. 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 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 the Website or any combination thereof; (e) any injury or damage to entrants or to any other person's computer or web-enabled 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 in 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, nonsuspect Plays received prior to such time, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any entrant (and all of his/her Plays)

6 from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates if such entrant tampers with the entry process or if his/her fraud or misconduct affects the integrity of this Promotion. Sponsor reserves the right to correct errors in promotional materials. Sponsor shall not be liable to any winner or any other person for failure to supply any prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Sponsor or Promotion Parties control. 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. Sponsor s sole liability for an official Promotion Code is limited to replacement with a free randomly selected official Promotion Code, during the Promotion Period and 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. Any Promotion Code obtained through any source other than through the method described in these Official Rules may be voided by Sponsor in its sole discretion. 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, awarded, 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 with instructions on how to claim their prize (subject to verification and compliance with these Official Rules as determined by Sponsor in its sole discretion). Potential Grand Prize and Weekly Prize winners will be notified by mail, and/or phone. Potential Grand Prize winner will be required to claim his/her prize within three (3) 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 Liability/Publicity Release is not returned within three (3) days, the Grand Prize may be forfeited, as determined by Sponsor in its sole discretion. 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, as set forth in these Official Rules. Allow up to eight (8) weeks for delivery of Weekly Prizes and the Hooters souvenir prizes following the notification process. The Grand Prize (time permitting) and Weekly Prizes will be awarded; if any other prize level is returned as undeliverable, such 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 and Promotion Parties from and against any and all liability, claims, losses, expenses, actions, or damages to persons or property of any kind, whether actual, incidental or consequential, for injury (including but not limited to death) arising out of or relating to entrant s participation in this Promotion, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery, and to assume all liability therefor. The winners shall bear all risk of loss or damage to their prizes after they have 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

7 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. IN CASE OF DISPUTES: Unless otherwise prohibited by law, as a condition to participating in the Promotion, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and will be determined by final and binding individual dispute resolution under the applicable rules of the American Arbitration Association; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will entrant be entitled to received attorneys' fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New York. 14. WINNER S LIST: For the names of the major prize winners, send a self-addressed, stamped envelope to be received by June 30, 2019, to: Pepsi/Hooters Big Game Promotion 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.