PEPSI® NFL “SUPER BOWL 53” SWEEPSTAKES AT MARCUS THEATRES®
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
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 the prizes awarded. The NFL Entities have not offered or sponsored this Sweepstakes in any way.
1. ELIGIBILITY: The Pepsi® NFL “Super Bowl 53” Sweepstakes at Marcus Theatres®(the “Sweepstakes”) is open only to individuals who are legal residents of Illinois, Iowa, Minnesota, Missouri, Nebraska, North Dakota, Ohio or Wisconsin who are 18 years of age (19+ in Nebraska) or older at the time of entry. The following persons are not eligible to participate: Employees, contractors, directors, and officers of PepsiCo Inc., Pepsi Beverages Company, and Pepsi-Cola Company and its bottlers (the “Sponsor”), The Marcus Corporation, the NFL Entities, GMR Marketing LLC (“GMR”), and each of their respective parents, subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees and each of their respective parents, subsidiaries and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes).
2. SWEEPSTAKES PERIOD:The Sweepstakes begins September 21, 2018 at 12:00:00 a.m. Central Time (“CT”) and ends November 23, 2018 at 11:59:59 p.m. CT (the "Sweepstakes Period"). The Sweepstakes Period will consist of nine (9) separate entry periods (an “Entry Period”) with one (1) Grand Prize drawing at the end of the Sweepstakes Period. See below for each Entry Period timing:
· Entry Period 9: Open for entry between 12:00:00 a.m. CT on November 17, 2018 and 11:59:59 p.m. CT on November 23, 2018.
3. HOW TO ENTER: There are two (2) methods of entry into the Sweepstakes – (1) via text message or (2) via mail (each an “Entry”), as follows:
1) To enter via text message:During the Sweepstakes Period,you must first take a photo showingyourself with the Pepsi® NFL “Super Bowl 53” promotional fountain cup from a participating Marcus Theaters® (a “Photo”). Then, you must use your mobile phone to text the Phototo 73774 to receive one (1) Entry into the Sweepstakes. By entering via text message, you agree to receive up to three (3) reply text messages per Entry about the Sweepstakes from Sponsor. Entrants entering this Sweepstakes via text message may incur a standard text message and data charge from their wireless service provider for each message sent and received. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges. Not all wireless carriers participate.
2)To enter via mail: During the Sweepstakes Period, you must hand print your first and last name, date of birth, email address, complete street address (no PO Boxes) and phone number on a 3 x 5-inch piece of paper and mail the completed Entry to: The Pepsi® NFL “Super Bowl 53” Sweepstakes at Marcus Theatres®, P.O. Box 511088, New Berlin, WI 53151. Each Entry must be mailed separately in a hand-addressed, stamped envelope and must be postmarked by the end date of each Entry Period and must be received within four (4) calendar days from the end date of an Entry Period to be eligible. No photocopied or mechanically reproduced Entries will be accepted. No responsibility is assumed for lost, late, illegible or misdirected postal entries.
Proof of submitting an Entry does not constitute proof of delivery. 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 game service) will be disqualified and transmissions from these or related phone numbers or IP addresses may be blocked.
Limit one (1) Entry per person/mobile phone number/household per day regardless of Entry method.A “day” is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. (midnight) CT and ending at the following 11:59:59 p.m. CT. Any attempt by an entrant to enter more than the number of times authorized herein, including multiple Entries by the same entrant using different phone numbers, will invalidate ALL Entries submitted by that entrant for the entire Sweepstakes Period.
If entering via text message, the person submitting the Entry must be the authorized account holder/user of the mobile phone number, otherwise Entry shall be deemed void. In the event of dispute over the identity of a potential winner, Entries will be declared made by the registered user of the phone number used at the time of Entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder/user of the phone number submitting the Entry. It is solely the responsibility of the entrant to notify theSponsor in writing if the entrant changes his or her phone number during the Sweepstakes Period.
IMPORTANT: Proof of sending a text message is not proof of delivery to or receipt by Sponsor. You may, at any time, choose to stop participating in this Sweepstakes by sending an opt-out text message stating “STOP” to 73774. If you send a text message stating “HELP” to 73774 you will be sent a reply text message, which will include contact information for customer support for the Sweepstakes.
4. DRAWING:For each Entry Period 1, 3 and 4, one (1) potential First Prize winner (as defined below) will be selected in a random drawing on or about four (4) business days following the close of the corresponding Entry Period from among all eligible entries received duringthat Entry Period. For Entry Period 2, two (2) potential First Prize winners (as defined below) will be selected in a random drawing on or about four (4) business days following the close of Entry Period 2 from among all eligible entries received during that Entry Period. For each Entry Period 5-9, one (1) potential Second Prize winner (as defined below) will be selected in a random drawing on or about four (4) business days following the close of the corresponding Entry Period from among all eligible entries received during that Entry Period. All First and Second Prize random drawings will be conducted by GMR, an independent judging organization, whose decisions shall be final. All non-winning entries received during a preceding Entry Period will NOT roll over and will NOT be eligible to win into subsequent Entry Period drawings. Odds of winning a First or Second Prize depend upon the number of eligible entries received during the Entry Period in which you are eligible. Limit one (1) First or Second Prize per person/mobile phone number/household.
One (1) potential Grand Prize winner (as defined below) will be selected in a random drawing from among all winning and non-winning eligible entries received during the Sweepstakes Period. Drawing will be held on or about November 29, 2018, and will be conducted by GMR, an independent judging organization, whose decisions shall be final. Odds of winning the Grand Prize depend upon the number of eligible entries received during the Sweepstakes Period.
5. PRIZE DETAILS: One (1)Grand Prize:Grand Prize consists of a trip for winner and one (1) guest to Super Bowl 53 in Atlanta, Georgia, scheduled to occur on February 3, 2019. The Grand Prize includes round-trip, coach air transportation for winner and one (1) guest from an airport nearest the winner’s home within the continental U.S. to an airport in the area of Atlanta, Georgia; one (1) double occupancy, standard hotel room for four (4) nights; two (2) tickets to Super Bowl 53; two (2) tickets to a Super Bowl party; two (2) commemorative gift bags; and one (1) $250 gift card intended to be used for ground transportation and spending cash (All prizing detailsto be determined at the sole discretion of the Sponsor). TheApproximate Retail Value (“ARV”) of the Grand Prize: $17,000.
Airline carrier’s regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Grand Prize winner and his/her guest must travel together on the same itinerary. Grand Prize winner and his/her guest must possess any necessary valid travel documents (i.e., valid government-issued photo ID) in order to travel. Dates of departure and return are subject to change. Seat selection and timing of trip subject to availability and confirmation of reservations and any change incurred while booking travel is winner’s sole responsibility. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, federal, state, and local taxes, tips, entertainment, transfers, and transportation to and from Grand Prize winner’s home residence are the Grand Prize winner’s sole responsibility.
These are estimated values only. The actual value of the Grand Prize is expected to vary, based on the point of origination, airfare fluctuations, and hotel pricing. If the actual value of the travel portion of prize is less than stated, difference will not be awarded in cash, and no such claim will be honored. If the Grand Prize winner resides within 200 miles of Atlanta, Georgia, alternate travel arrangements may be made by the Sponsor and the Grand Prize and value of prize will be adjusted accordingly.
The Grand Prize winner and guest must travel between January 31, 2019 and February 4, 2019 or prize will be forfeited, and an alternate winner selected time permitting. Travel route, hotel accommodations, activities, and all elements of the prize will be arranged by the Sponsor, in its sole discretion.
Five (5) First Prizes:Two (2) single game 2018 regular season home game NFL tickets to the NFL team of the winner’s choice. (Seat selection & game date up to Sponsor’s sole discretion. All other expenses not specifically mentioned herein are solely the responsibility of prize winner and their guest. Sponsor is not responsible for delayed, cancelled or rescheduled events beyond its control).TheARV of each First Prize: $500.
Five (5) Second Prizes:One (1) NFLShop.com gift card valued at $250 (NFLShop.com Gift Cards may only be redeemed at NFLShop.com for in-stockmerchandise only. Not valid for any other gift codes/cards/certificates, taxed, shipping and handling charges or other services. Except where required by law, cannot be redeemed for cash or cash equivalent, returned, reproduced, modified, sold, traded, refunded or replaced if lost or stolen. Not valid on previous purchases or returns. No cash back. If the value of your purchase exceeds the available gift code balance, you must pay the excess at the time of purchase. Any unused amount will be kept in your account balance to be applied to a future purchase. Certain brands or merchandise may be excluded. All gift code purchases are subject to the NFLShop.com Terms and Conditions, which may change at any time. In addition, NFLShop.com reserves the right to change the terms and conditions applicable to this gift code at any time. Gift code questions should be directed to https://nfl.custhelp.com/appor 1-877-635-7467. Void where prohibited.). The ARV of each Second Prize: $250.
TOTAL ARV OF ALL PRIZES AWARDED: $20,750.
All federal, state, and local taxes and any other costs and fees associated with prize acceptance and use are the sole responsibility of the winner. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturers’ and/or service provider’s terms and conditions, and winners agree to look solely to such manufacturers (and not to Sponsor) for any warranty or guarantee claim. Prizes are non-transferable, and no substitution or cash equivalent is allowed except in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize with one of the same or greater approximate retail value. Prize consist only of items specifically listed as part of the prize. All costs and expenses not specified herein, related to any prize, including but not limited to delivery, installation, and other expenses incurred by accepting the prize not specified herein as being provided are the sole responsibility of the Winners. All prize details are at the Sponsor’s sole discretion.The Grand Prize winner and First Prize winners will receive an IRS Form W-9 and a Form 1099 from Sponsor reflecting the final actual value of the Grand Prize or First Prize. Odds of winning depend on the number and timing of eligible entries received.
SPONSOR (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES.
6. WINNER NOTIFICATION:Each potential First Prize winner and potential Second Prize winner will be notified on or about one (1) business day following the corresponding Entry Period random drawingvia phone to the phone number provided via text message/mail-in entry. The potential Grand Prize winner will be notified by phone on or about November 30, 2018via phone to the phone number provided via text message/mail-in entry. Each potential Grand Prize winner, potential First Prize winner, and potential Second Prize winner (collectively, “Potential Prize Winners”) will be required to respond within seventy-two (72) hoursof the notification in order for GMR to capture each Potential Prize Winner’s name and mailing address. Any Potential Prize Winner who does not respond within seventy-two (72) hours will result in prize forfeiture and an alternate potential Prize Winner will be randomly drawn from among all remaining eligible entries received during the Sweepstakes Period. Sponsor is not responsible for suspended or discontinued wireless or online service which may result in a potential winner not receiving initial prize notification. Sponsor is not responsible for any change in entrant's mailing address and/or telephone number.
The Grand Prize winner and each First Prize winner must complete, sign, and return an affidavit of eligibility, mutually-acceptable liability release, and publicity release, and the appropriate tax documents (the “Documents”) within seven (7) calendar days of delivery of the Documents, or the prize will be forfeited in its entirety. The Grand Prize winner must designate one (1) guest within seven (7) calendar days of receipt of the Documents. Minor child may accompany winner as guest only if minor’s parent or legal guardian is the winner. Minor must be accompanied at all times during the event by minor’s parent or legal guardian. In addition, at the same time as the Grand Prize winner completes his/her Documents, the guest must sign and return an affidavit of eligibility, mutually-acceptable liability release, and publicity release. If attempted notification is returned as undeliverable, if any required documents are not returned within the required number of days, if winner cannot be verified or found, winner is unable to travel during required travel dates, or if winner is otherwise unable to accept the prize as stated, prize will be forfeited and may be awarded to an alternate winner.
7. LIMITATIONS OF LIABILITY AND RELEASE: Sponsor, Promotion Parties and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation (but subject to operation of law), personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or participation in this Sweepstakes. No responsibility is assumed by Sponsor or Promotion Parties for lost, late, mutilated, illegible, incomplete, misdirected or postage-due mail or entries. No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from entrant's participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other network communication problems; errors or limitations of any Internet or wireless providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of any Sweepstakes-related equipment in whole or in part for any reason; traffic congestion on the network; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an Entry submitted in connection with the Sweepstakes. Sponsor and Promotion Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's electronic device and/or phone equipment resulting from participation in the Sweepstakes. Sponsor or Promotion Parties are not liable in the event that any portion of the Sweepstakes or prize is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
8. PUBLICITY RELEASE:By entering the Sweepstakes, entrants grant (and agree to confirm grant in writing promptly upon request) to Sponsor, Promotion Parties and those acting under Sponsor’s authority, the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information, at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, in perpetuity, including the World Wide Web without review, notification or approval, and additional compensation, unlessprohibited by law.
9. GENERAL CONDITIONS:By participating in the Sweepstakes, entrants agree to be contacted via phone for purposes of Sweepstakes administration. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the Entry process, and to cancel, modify or terminate the Sweepstakes. In the event of cancellation, Sponsor may, at its sole discretion, randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation.
Disputes:Except where prohibited, entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards against one or more of the Promotion Parties shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees (or other professionals’ fees) and Sponsor shall be solely responsible for payment of any judgment or award and shall indemnify, defend and hold harmless Sponsor, its affiliates, and each of their respective franchisees, members, directors, managers, officers, agents, employees, successors, assigns, and representatives from and against any and all causes of action, claims, losses, liabilities, liens, damages, demands, costs or expenses (including court costs and reasonable legal fees and expenses of attorneys and other professionals) arising from or relating to the Promotion; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim and/or seek indirect, punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any all rights to have damages multiplied or otherwise increased.
Governing Law:This Sweepstakes is subject only to the laws of New York State in the United States. Prizes will be awarded and/or delivered only to addresses within the United States.
LEGAL WARNING:ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER, VANDALIZE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. WINNERS’ LIST:For the name of the Grand Prize winner, First Prize winners or Second Prize winners for the Sweepstakes, available after November 30, 2018, send a self-addressed, stamped envelope for receipt by January 29, 2019 to:Pepsi® NFL “Super Bowl 53” Sweepstakes at Marcus Theatres® Winners’ List, PO Box 511088, New Berlin, WI 53151.
11. SPONSOR:Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York 10577.