Pepsi “Score a Tailgate Package” Sweepstakes

Pepsi Score a Tailgate Package Sweepstakes

PEPSI® “TAILGATE PACKAGE” SWEEPSTAKES AT SHOPRITE®
OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE PEPSICO “TAILGATE PACKAGE” SWEEPSTAKES AT SHOPRITE®(“SWEEPSTAKES”) IS ONLY OPEN TO LEGAL U.S. RESIDENTS RESIDING IN CONNECTICUT, DELAWARE, MARYLAND, NEW JERSEY, NEW YORK, PENNSYLVANIA OR WASHINGTON D.C. THROUGHOUT THE SWEEPSTAKES PERIOD WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION. SWEEPSTAKES SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PARTICIPATE IN THIS SWEEPSTAKES UNLESS YOU ARE ELIGIBLE. VOID WHERE PROHIBITED.

1. HOW TO ENTER: No purchase, and no entry fee, payment or proof-of-purchase necessary to participate in Sweepstakes. Sweepstakes begins at 12:00:00 p.m. (noon) Eastern Time (“ET”) on November 4, 2012 and ends at 11:59:59 a.m. (noon) ET on December 1, 2012 (“Sweepstakes Period”). Weekly entry periods apply; see Rule #2.

During the Sweepstakes Period, each time your Price Plus® Club Card is scanned with the purchase of any one (1) qualifying PepsiCo product (see Appendix A) at a ShopRite® Supermarket (during store hours), you will receive one (1) entry into the Sweepstakes. If you do not have a Price Plus® Club Card, or to enter without purchase, call toll-free, 1-888-259-8974 from your touch-tone telephone and follow the automated instructions. Callers will be required to provide their first and last name, home address, city, state, zip code, phone number with area code, 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 or entrant’s home address must have a zip code from an eligible state. Entrants’ personal information will only be used to notify potential winners. Limit one (1) entry per person/household per day, regardless as to the number of qualifying PepsiCo products in a day. A “day” is defined as each twenty-four (24) hour time period beginning at 12:00:00 a.m. ET and ending at the following 11:59:59 p.m. ET; except the first day of Entry Week 1 of the Sweepstakes Period which is defined as beginning 12:00:00 p.m. ET and ending 11:59:59 p.m. ET of the same day and the last day of Entry Week 4 of the Sweepstakes Period which is defined as beginning 12:00:00 a.m. ET and ending 11:59:59 a.m. ET the same day. The computer of the administrator is the official time-keeping device of the Sweepstakes. In the event of an identity dispute, entry will be considered made by the registered owner of the phone number used for entry. Sponsor and its agencies will not accept entries that are late, incomplete, misdirected, unintelligible, garbled or lost. Use of any robotic, automatic, programmed or similar entry methods or more than one (1) entry per day will void all entries and result in disqualification.

2. DRAWINGS: One (1) Weekly Prize winner will be selected for each Entry Week in a random drawing to take place on or about the Drawing Date listed in the schedule below from among all eligible entries received for the applicable Entry Week. All non-winning entries will carry forward to subsequent weekly drawings. All drawings will be conducted by an independent judging agency whose decisions are final and binding. Odds of winning are solely dependent upon the total number of eligible entries received for a given drawing. Entries submitted during the Sweepstakes Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent sweepstakes. Limit one (1) prize per person/household/mailing address.

ENTRY/DRAWING SCHEDULE:

Entry Week Start Date/Time End Date/Time Drawing Date

1 11/04/12, 12:00:00 p.m. ET 11/10/12, 11:59:59 p.m. ET 11/13/12
2 11/11/12, 12:00:00 a.m. ET 11/17/12, 11:59:59 p.m. ET 11/20/12
3 11/18/12, 12:00:00 a.m. ET 11/24/12, 11:59:59 p.m. ET 11/27/12
4 11/25/12, 12:00:00 a.m. ET 12/01/12, 11:59:59 a.m. ET 12/04/12

3. PRIZES: Four (4) “Tailgate Package” Prizes will be awarded; one (1) per Entry Week. Each “Tailgate Package” consists of one (1) tailgate grill; one (1) set of BBQ tools; one (1) tailgate toss game; one (1) 48-quart cooler; one (1) $200.00 NFLshop.com gift card (subject to terms and conditions as set by issuer); two (2) tailgate chairs; one (1) fleece blanket; and one (1) 51” flat screen TV. Winner may select the NFL team logo of their choice to be included on all items within the Tailgate Package except for the gift card and TV. Approximate Retail Value (“ARV”): $1,284.40 each. Total ARV of all prizes is up to $5,137.60.

4. ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT RESIDING IN CONNECTICUT, DELAWARE, MARYLAND, NEW JERSEY, NEW YORK, PENNSYLVANIA OR WASHINGTON D.C. THROUGHOUT THE SWEEPSTAKES PERIOD AND 18 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION. 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. Pepsi-Cola Company (“Sponsor”) and its bottlers, employees of any ShopRite®, all of their respective parents, licensees, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies (collectively, “Sponsor and Promotion Parties”), the NFL Entities (as defined below), 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.

5. GENERAL: This Sweepstakes is governed by the laws of the United States and of the State of New York, without respect to conflict of law doctrines. No substitution of prize is offered, no transfer of prize to a third party is permitted and non-cash prizes may not be redeemed for cash value, except as determined by Sponsor, in its sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value in the event any portion of the prize becomes unavailable. As a condition of participating in this Sweepstakes, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than participants’ actual out-of-pocket expenses (e.g. costs associated with participating), and participants further waive all rights to have damages multiplied or increased. Prize winners will be solely responsible for paying all applicable federal, state and local taxes on prize. Prize winners will receive an IRS Form 1099 for the retail value of the prize. No groups, clubs or organizations may enter or win prizes. All other expenses on the receipt and use of the prizes not specifically mentioned herein are solely the responsibility of the winners. Any portion of a prize not accepted by winner will be forfeited.

6. CONDUCT: By participating in this Sweepstakes, participants agree to be bound by these Official Rules and the decisions of the judges that shall be final and binding in all respects. The Official Rules will be available at participating retailers 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 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 PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE 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 assumes 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 any network-related equipment 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 of 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.

8. WINNER NOTIFICATION: Potential winners will be notified by mail at the mailing address provided at the time of entry (or on file if they entered via Price Plus® Club Card). Sponsor is not responsible for any change of address which may result in a potential winner not receiving prize notification. Winners will be required to sign and return to Sponsor an Affidavit of Eligibility/Liability Release with (where lawful) a publicity release within ten (10) days of notification. If any required documents are not returned within the required number of days, or if mail or prize is returned as undeliverable, without a forwarding address, then prize may be forfeited and an alternate winner may be selected. Any portion of a prize not accepted by winner shall be forfeited. Prizes will be shipped within 6-8 weeks of winner verification.

9. RELEASE OF LIABILITY: All entrants, as a condition of participation, and all winners, by acceptance of a prize, agree to release Sponsor and Promotion Parties and the NFL Entities (as defined below) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with submitting an entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of any prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity or any typographical or other error in the printing of these Official Rules or the offering or announcement of any prize. The winners shall bear all risk of loss or damage to their prizes and/or prize documentation after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, performance or safety of any prize; except for any express manufacturer’s warranty as may be included with the prize. Except where prohibited by law, winner grants to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known, the winner’s name, 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 the names of the winners, send a self-addressed stamped envelope to be received by December 31, 2012 to: PepsiCo “Tailgate Package” Sweepstakes at ShopRite Winners’ List, Dept. 863-704, P.O. Box 753252, El Paso, TX 88575-3252.

11. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY 10577.

12. THE NFL ENTITIES: The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with participation in this sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this sweepstakes in any way.