PEPSI /THE X FACTOR SWEEPSTAKES AT SUPERVALU OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. INTERNET ACCESS REQUIRED. SWEEPSTAKES ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES, RESIDING IN THE STATE OF CA, CT, DE, ID, IL, IA, IN, KY, ME, MD, MA, MN, MO, MT, NC, NV, NH, NJ, ND, OH, OR, PA, RI, UT, VT, VA, WA, WI, WY, THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN ENTRANT S RESPECTIVE JURISIDICTION, WHICHEVER IS GREATER) OR OLDER AS OF SEPTEMBER 1, 2011. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT A LEGAL U.S. RESIDENT. VOID WHERE PROHIBITED. 1. HOW TO ENTER: No purchase, and no entry fee, payment, or proof-of-purchase necessary to participate in the Pepsi and The X Factor Sweepstakes (the Sweepstakes ). Sweepstakes starts September 1, 2011 at 12:00:01 PM (noon) Eastern Time ( ET ) and ends October 6, 2011 at 11:59:59 AM (noon) ET (the "Sweepstakes Period"). To be eligible to enter, you must be registered on www.jointhexfactorandpepsilive.com (the "Web Site"). If you have not previously registered at the Web Site, you must complete the registration page located on the Web Site before entering the Sweepstakes. If you have previously registered at the Web Site, enter your e-mail address at the entry box and click where indicated to submit an entry. Limit one (1) online entry per name and per e-mail address per day. A day is understood to start at 12:00:01 a.m. ET and end at 11:59:59 p.m. ET the same day, except the first day of the Sweepstakes Period where a day is 12:00:01 p.m. ET (Noon) through 11:59:59 p.m. ET, and the last day of the Sweepstakes Period where a day is 12:00:01 a.m. ET through 11:59:59 a.m. ET (Noon). The name of the person submitting the e-mail address on a Sweepstakes entry must be (a) the name of the person who registered on the Web Site for such e-mail address, and (b) the name of the authorized account holder of such e-mail address; otherwise, the entry may be deemed ineligible. In the event of a dispute over the identity of a potential winner, entries will be deemed to have been made by the authorized account holder of the e-mail address submitted on the entry, and the potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the e-mail address submitted on the entry. It is solely the responsibility of the entrant to notify the Pepsi-Cola Company ( Sponsor ) in writing if the entrant changes his or her e-mail address during the Sweepstakes Period. To do so, call the toll free number listed on the website for further instructions.
Proof of e-mailing does not constitute proof of delivery or receipt of an entry. All entries become the property of Sponsor and will not be returned to entrant. Every entry must be manually keystroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including, but not limited to, entries made using any script, macro, bot, or sweepstakes service) will be disqualified and ineligible, and transmissions from these or related e-mail or IP addresses may be blocked. 2. PRIZES: One (1) Grand Prize will be awarded, consisting of a trip for winner and three (3) guests to a destination to be communicated by Sponsor in advance of the trip (tentatively Los Angeles, California) to attend a live broadcast of The X Factor finale performance show (not the results show), currently scheduled to occur on December 21, 2011. Exact travel dates will be determined at a later date, by Sponsor, in Sponsor s sole discretion. Trip consists of: Round-trip coach air transportation for four (4) from an airport near winner's U.S. home (airport and carrier selected by Sponsor, in Sponsor s sole discretion), two (2) double-occupancy standard hotel rooms for three (3) nights (hotel and room class selected by Sponsor, in Sponsor s sole discretion), ground transportation (as selected by Sponsor, in Sponsor s sole discretion) to/from airport/hotel/show, four (4) tickets to The X Factor finale performance show, and $1,000.00 spending money (awarded in the form of a check, payable to winner). Estimated retail value ( ERV ) $8,000. Three (3) First Prizes will be awarded each consisting of a trip for winner and one (1) guest to Los Angeles, California to attend (1) of (12) live broadcasts of The X Factor performance shows. Exact show and travel dates will be determined at a later date, by Sponsor, in Sponsor s sole discretion. Trip consists of: Round-trip coach air transportation for two (2) from an airport near winner's U.S. home (airport and carrier selected by Sponsor, in Sponsor s sole discretion), one (1) double-occupancy standard hotel room for three (3) nights, (hotel and room class selected by Sponsor, in Sponsor s sole discretion), ground transportation (as selected by Sponsor, in Sponsor s sole discretion) to/from airport/hotel/show, two (2) tickets to a live broadcast of The X Factor, and $500.00 spending money (awarded in the form of a check, payable to winner). ERV $4,000. Trip Prizes Terms and Conditions: If winners reside within 150 miles of Los Angeles, California, or the location of the finale performance, ground transportation may be substituted in lieu of air transportation at Sponsor s sole discretion. All other expenses not specifically mentioned herein are solely the responsibility of prize winners. Travel must be taken on dates specified by Sponsor at time of notification; no alternative travel dates are available. Show/travel dates are subject to change. All travel subject to availability, blackout periods, government restrictions and regulations, hotel, airline, airport or other transportation terminal (or other types of transportation) restrictions and regulations. Other restrictions may apply. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled events (including, but not limited to
airline flights, events) beyond its control. Travel guest(s) must sign and return a travel release before any ticketing or travel occurs. Winner and guest(s) must have all necessary identification and/or travel documents (e.g., a valid U.S. driver s license) required for travel within the United States. Winners and travel guest(s) must travel on same itinerary. Any minor guest on trip must be accompanied by minor's parent or legal guardian who must be the winner. Winners understand and agree that admission to the events included in the Grand Prize and First Prizes is subject to the terms and conditions of the producers and sponsors of such events, agree to comply with such terms and conditions, and agree that admission (of winners and/or any of the winners guests) to any event may be denied or revoked if winners and/or any of the winners guests fails or refuses to comply with such terms and conditions. One hundred (100) X-Factor/Pepsi-Cola branded Second Prizes will be awarded as follows: Thirty (30) Acoustic Guitars Total ERV: $2,850 Thirty (30) Director s Chairs Total ERV: $1,440 Twenty (20) Fleece Blankets Total ERV: $330 Twenty (20) Hoodies Total ERV: $340 Total ERV of all prizes in the Sweepstakes is: $24,960 3. DRAWING: All winners will be selected in a random drawing from among all eligible entries received. Drawing will be conducted on or about October 11, 2011 by Young America Corporation, Sponsor s independent judging agency, whose decisions are final and binding. Odds of winning are solely dependent upon the total number of eligible entries received. Entries submitted during the Sweepstakes Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent drawings or sweepstakes. 4. ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT RESIDING IN THE STATE OF CA, CT, DE, ID, IL, IA, IN, KY, ME, MD, MA, MN, MO, MT, NC, NV, NH, NJ, ND, OH, OR, PA, RI, UT, VT, VA, WA, WI, WY, THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN ENTRANT S RESPECTIVE JURISIDICTION, WHICHEVER IS GREATER) OR OLDER AT THE TIME OF ENTRY to 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 SUPERVALU, INC. and Sponsor and its bottlers, and each 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 of each, are not eligible to participate or win. Limit one (1) prize per person per household.
5. GENERAL: These Official Rules are goverened by, and shall be construed in accordance with, the laws of the State of New York, in the United States. Prizes will be awarded and/or delivered only to addresses within the United States. Unclaimed or undeliverable 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. Prize winners will be solely responsible for all applicable federal, state, and local taxes on prizes. If applicable, winner may receive an IRS Form 1099 for the retail value of the prize. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the prize winners. Any portion of a prize not accepted by the prize winner will be forfeited. 6. CONDUCT: By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the judges that shall be final and binding in all respects. These Official Rules will be posted on the Web Site throughout the Sweepstakes Period. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes or the Web Site; 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 AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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. 7. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction, or alteration of entries at any point in the operation of this Sweepstakes; (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 Sweepstakes; (d) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof; (e) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes or download, any materials in the Sweepstakes. If, for any reason, the Sweepstakes 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 Sweepstakes, then Sponsor reserves the right at its
sole discretion to cancel, terminate, modify, or suspend the Sweepstakes in whole or in part. By participating, each entrant releases and agrees that Sponsor and Promotion Parties are not responsible or liable for any claims, actions, damages, losses, costs, expenses, or liability of any kind (including, without limitation, property damage, personal injuries, and/or death, direct, indirect, incidental, consequential, or punitive damages, attorneys fees, and court costs) arising from anything relating to (i) promotion, execution, or administration of the Sweepstakes (or entrant s participation); (ii) cancellation or modification of any aspect of the Sweepstakes; (iii) use of any web site related to the Sweepstakes (including, without limitation, the Web Site) or materials on them; (iv) acceptance, possession, use, misuse, or nonuse of any prize; or (v) participating in or traveling to/from any Sweepstakes-related activity. The Sweepstakes and all prizes are provided AS IS, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check your local laws. 8. WINNER NOTIFICATION: All potential winners will be notified by overnight mail or phone at the address provided at the time of registration on the Web Site, on or about October 16, 2011. Any winner notification returned as undeliverable without a forwarding address will result in prize forfeiture and an alternate winner may be selected. Prize winner(s) may be required to sign and return an Affidavit of Eligibility/ Liability Release with (where lawful) a publicity release within ten (10) days of attempted winner notification as indicated by the date on the Affidavit. Failure to return any required documents within ten (10) days may result in prize forfeiture, and an alternate winner may be selected. Unless otherwise noted, allow six (6) to eight (8) weeks for delivery of Second Prizes by mail following completion of notification process. Prizes will only be delivered to addresses within the United States. 9. WINNER RELEASES: All entrants, as a condition of entry into the Sweepstakes, agree to release Sponsor and Promotion Parties 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 (a) accessing the Web Site, submitting an entry, or otherwise participating in any aspect of the Sweepstakes; (b) the receipt, acceptance, ownership, use, misuse, or nonuse of any prize awarded; (c) preparing for, participating in, or traveling to or from any prize-related activity; or (d) any typographical or other error in these Official Rules or the announcement of offering of any prize. Each winner shall bear all risk of loss or damage to his/her prize after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of any prize. Except for residents
of TN 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 Web Site), 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. 10. WINNERS' LIST: For a list of the Grand Prize and First Prize winners, mail your request before November 30, 2011 to Pepsi/SUPERVALU The X Factor Winners, P.O. Box 750618, El Paso, TX 88575-0618. 11. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York 10577. PEPSI, and the Pepsi Globe design are registered trademarks of PepsiCo, Inc. SUPER VALU is a trademark, owned by SUPERVALU INC. or its subsidiaries.