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OFFICIAL RULES

MTN DEW® 2021 GET OUT AND DO PROMOTION AT CIRCLE K

NO PURCHASE NECESSARY TO PARTICIPATE. INTERNET ACCESS REQUIRED. DATA CHARGES MAY APPLY. MULTIPLE ENTRY DEADLINES APPLY.

1. PROMOTION PERIOD: Promotion begins at 12:00:00 a.m. ET on November 2, 2021 and ends at 11:59:59
p.m. ET on December 29, 2021. (“Promotion Period”).

2. HOW TO ENTER: During the Promotion Period, you can participate via the following methods:

(A) QR Code Entry: Look for a QR code on Mtn Dew display materials in participating Circle K stores and scan the code from your mobile device (“Mobile Device”). By scanning the QR code, you will be taken to the URL http://www.pepsipromos.com/dewoutdoorscirclek (the “Website”). Follow the on-screen instructions to enter. Once you have provided the required information, click “ENTER”.

(B) Internet: To enter via the Internet without scanning a QR code, visit http://www.pepsipromos.com/dewoutdoorscirclek and follow the on-screen instructions. Once you have provided the required information, click “ENTER”.

Limit of one (1) entry per person/email address/IP address/mailing address per day. A “day” is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. ET and ending at 11:59:59 p.m. ET. The time clock of the Promotion administrator is the official clock for this Promotion. Entries become the property of Sponsor and may not be acknowledged or returned. See Section 4 for Weekly Entry Deadlines.

3. ELIGIBILITY: Open to legal U.S. residents residing in MA, MD, ME, MI, NH, NY, OH, PA, VT and WV who are 18 years or older at the time of entry. Employees, contractors, directors, and officers of Circle K Stores Inc., PepsiCo, Inc., Pepsi-Cola Company (“Sponsor”) and its bottlers 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 Promotion (collectively “Promotion Parties”) and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step” of each) and those living in the same households as such employees whether related or not are not eligible to participate.

4. WEEKLY PRIZES/DRAWINGS: Eight (8) Weekly Grand Prizes and eight (8) First Prizes will be awarded during the Promotion Period. Each Grand Prize consists of Mtn Dew for a Year at Circle K (awarded in the form of a
$1,000 Circle K gift card). Actual Retail Value: $1,000. Each First Prize consists of one (1) Grizzly 20 Cooler with custom printed lid. Approximate Retail Value: $280.

One (1) potential Grand Prize Winner and one (1) potential First Prize Winner will be randomly selected from among all eligible entries received from the beginning of the Promotion Period until each Weekly Entry Deadline outlined below. Drawings will be conducted by an independent judging organization whose decisions will be final and binding in all matters relating to this Promotion. The odds of winning a Weekly Prize depend on the number of eligible entries received by each Weekly Entry Deadline. Non-winning entries will continue to be eligible for subsequent drawings. Limit of one (1) Weekly Prize per person/email address/mailing address throughout the Promotion Period. Entry Periods, Weekly Entry Deadlines and Drawing Dates are as follows:

Weekly Entry

Period

Weekly Entry Deadline

Drawing Date

Prize

1

11:59:59pm ET 11/8/2021

11/9/2021

(1) Grand Prize

(1) First Prize

2

11:59:59pm ET 11/15/2021

11/16/2021

(1) Grand Prize

(1) First Prize

3

11:59:59pm ET 11/22/2021

11/23/2021

(1) Grand Prize

(1) First Prize

4

11:59:59pm ET 11/29/2021

11/30/2021

(1) Grand Prize

(1) First Prize

5

11:59:59pm ET 12/6/2021

12/7/2021

(1) Grand Prize

(1) First Prize

6

11:59:59pm ET 12/13/2021

12/14/2021

(1) Grand Prize

(1) First Prize

7

11:59:59pm ET 12/20/2021

12/21/2021

(1) Grand Prize

(1) First Prize

8

11:59:59pm ET 12/29/2021

12/30/2021

(1) Grand Prize

(1) First Prize

5. WINNER NOTIFICATION AND VERIFICATION: All potential prize winners will be notified via email or phone (at the email address or phone number provided at registration) within three (3) days of the drawing dates and will be required to respond within seventy-two (72) hours or the prize may be forfeited and may be awarded to an alternate winner. Sponsor is not responsible for suspended or discontinued wireless service that may result in a potential winner not receiving initial prize notification. Once potential winner notification is confirmed by Sponsor, the potential prize winner may be sent an Affidavit of Eligibility and Liability/Publicity Release and W-9 to be signed and returned within the number of days indicated on the Affidavit. In the event (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) a telephone or email notification is not confirmed to Sponsor within seventy-two (72) hours; (iii) any required documents are not returned within the required number of days; or (iv) if winner is otherwise unable accept the prize, prize will be forfeited and may be awarded to an alternate winner. Prize recipients are responsible for all applicable federal, state, and local taxes, if any, on a prize. You are not a winner until your entry has been submitted and verified in accordance with these Official Rules, and you have fully complied with these Official Rules. Any portion of a prize not accepted by the winner will be forfeited. Any difference between the actual ARV and the stated ARV will not be awarded. Unless otherwise stated, allow
4-6 weeks for delivery of prize following completion of notification process. Prizes will only be delivered to addresses within MA, MD, ME, MI, NH, NY, OH, PA, VT or WV.

6. LIMITATION OF LIABILITY: By participating in this Promotion, participants agree that the Promotion Parties and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of

registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Promotion Parties are not responsible for any unanswered or undeliverable winner notifications.

By participating in the Promotion, each participant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of their rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any promotion-related activity or element thereof, and the participant’s entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties;
(g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by participant.

If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the promotion, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor, such as by way of example and not by way of limitation, in a random drawing from among all eligible, non-suspect entries received up to the time of the impairment, and Sponsor shall not have any further liability to any participant in connection with the Promotion. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Promotion for clarification purposes without materially affecting the terms and conditions of the Promotion. Sponsor is not liable in the event that any portion of the Sweepstakes is canceled due to weather, fire, strike, acts of war or terrorism, pandemic, epidemic or any other conditions beyond their control (a “Force Majeure Event”).

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES, IS 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 EXCEPT FOR ANY EXPRESS ANUFACTURER’S WARRANTY WHICH MAY BE INCLUDED WITH THE PRIZE.

7. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE RESOLVED IN

THE STATE OF NEW YORK IN A COURT OF COMPETENT JURISDICTION. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NEW YORK, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

8. PRIVACY: Sponsor’s privacy policy is available at https://policy.mountaindew.com/privacy.htm.

9. PUBLICITY RIGHTS: By participating in this Promotion, each participant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use their name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Promotion for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

10. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any participant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion. Any attempted form of participation in this Promotion other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation affected by such methods and the disqualification of the individual utilizing the same. Participants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each participant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid

and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No participant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail. Each prize winner bears all risk of loss or damage to his/her respective prize after it has been delivered.

11. WINNERS’ LIST: For the names of the prize winners, send a self-addressed, stamped envelope, postmarked by 1/29/22 to: “Mtn Dew 2021 Get Out and Do at Circle K-Winners’ List”, PO Box 940340, Maitland, FL 32794- 0340.

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

©2021 Pepsi-Cola Company. All rights reserved.

MTN DEW® 2021 GET OUT AND DO PROMOTION AT CIRCLE K

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