2023 MTN DEW® OUTDOORS FISHING SWEEPSTAKES AT HY-VEE
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE SWEEPSTAKES IS OPEN ONLY TO LEGAL U.S. RESIDENTS RESIDING IN IA, IL, KS, MN, MO, NE, SD or WI AND WHO ARE 18 YEARS OF AGE (19 in NEBRASKA) OR OLDER. DO NOT ENTER THIS SWEEPSTAKES UNLESS YOU ARE ELIGIBLE. VOID WHERE PROHIBITED.
1. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:01 a.m. Central Time (“CT”) April 15, 2023 and ends at 11:59:59 p.m. CT on May 12, 2023. (the “Sweepstakes Period”).
2. HOW TO PARTICIPATE: There are two (2) ways to enter: (a) Hy-Vee Fuel Saver + Perks® Card Entry: During the Sweepstakes Period, purchase any one (1) Mtn Dew® 12 oz. can 12-pack, 12 oz. can 24-pack, 16.9 oz. bottle 6-pack or 7.5 oz. can 10-pack (a “Qualified Purchase”), at a participating Hy-Vee retail location. At the time of purchase, present and swipe your Hy-Vee Fuel Saver + Perks® card to receive one (1) entry into the Sweepstakes. There is no limit on the number of “Hy-Vee Fuel Saver + Perks® Card Entries” per person during the Sweepstakes Period; however, each Qualified Purchase must be made in a separate transaction and by 11:59:59 p.m. CT on May 12, 2023. Purchases of over 3 participating products in the same store visit will count as one entry. Limit 1 entry per store visit per day. (b) Website: To enter for free without purchase, visit pepsipromos.com/fishing (the “Website”) and follow the on-screen instructions to properly complete and submit an online entry.
Proof of purchase, delivery or receipt of an entry will not be deemed by Sponsor as proof of entry into this Sweepstakes. 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.
3. ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT RESIDING IN IA, IL, KS, MN, MO, NE, SD or WI THROUGHOUT THE SWEEPSTAKES PERIOD AND 18 YEARS OF AGE (19 IN NEBRASKA) OR OLDER AT THE TIME OF ENTRY. 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. The following persons are not eligible to participate or win: Any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within the past six months, held employment with or performed services for Pepsi-Cola Company (“Sponsor”), Pepsi-Cola Company bottlers, PepsiCo, Inc., Hy-Vee, Inc. (“Promotional Partner”), their respective subsidiary and affiliated companies, participating retailers, 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).
4. PRIZES: Two thousand (2,000) prizes to be awarded, each consisting of a $10 Hy-Vee giftcard. The Approximate Retail Value (“ARV”) of each prize is $10.00. Properly claimed prizes cannot be replaced if lost, stolen or damaged. All gift cards and coupons are subject to terms and conditions as set by the issuer of such gift card.
Total ARV of all prizes: $20,000.
5. DRAWING: Potential winners will be selected in a random drawing on or about May 13, 2023 from among all eligible entries received throughout the Sweepstakes Period and by the mail-in received by date. Odds of winning depend upon the total number of eligible entries received. Drawing will be conducted by Hy-Vee, whose decisions shall be final and binding. Limit one (1) prize per person/household.
6. GENERAL: This Sweepstakes is governed by the laws of the United States and of the State of Illinois, 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. Unclaimed prizes will not be awarded. 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 Illinois having jurisdiction. Further, in any such dispute, under no circumstances will entrants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than entrants’ actual out-of-pocket expenses (e.g. costs associated with participating), and entrants 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. If applicable, winner 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 prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of a prize not accepted by winner will be forfeited.
7. CONDUCT: By participating in 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. 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 pepsipromos.com/gameday (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. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY EQUIPMENT OR WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES 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 (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSBILE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIMITATIONS OF LIABILITY: Sponsor and the 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; or (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 or wireless service, the Internet or the Website or any combination thereof; (e) suspended or discontinued Internet, wireless or land line phone service; or (f) any injury or damage to participants or to any other person’s computer or mobile device 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 their sole discretion to cancel, terminate, modify or suspend the Sweepstakes 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(s) may be held from among all eligible, non-suspect entries received prior to such time. Sponsor reserves the right, at its sole discretion, to disqualify any entrant (and all of his/her entries) from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of their affiliates if he/she tampers with the entry process or if his/her fraud or misconduct affects the integrity of this Sweepstakes. Sponsor reserves the right to correct errors in promotional materials.
9. WINNER NOTIFICATION: Potential winner will be notified by phone call, email or mail at the phone number, email address or mailing address provided by the entrant at the time of entry. Winners may be required to sign and return an Affidavit of Eligibility/Liability Release with (where lawful) a publicity release within seven (7) days of attempted winner notification as indicated by the date on the Affidavit. Sponsor and Promotion Parties are not responsible for suspended or discontinued wireless, land line or online service or change in mailing address which may result in a potential winner not receiving initial prize notification. Upon forfeiture for any reason as stated within these Official Rules, no compensation will be given. Prizes will only be awarded to verified winners residing within an eligible state.
10. RELEASE OF LIABILITY: All entrants, as a condition of participation, and all winners, by acceptance of a prize, agree to release Sponsor, and the Promotion Parties 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 or misuse of any prize awarded, or while preparing for, participating in attending the race, 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. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor, except manufacturer’s standard written warranty included in the prize packaging. Except where prohibited by law, winner grants to Sponsor and Promotion Parties the right to print, publish, broadcast and use worldwide in any media now known (including without limitation use online at the Website 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 or Promotion Parties.
Please see Sponsor’s and Hy-Vee’s privacy policies located at: http://policy.pepsi.com/privacy.htm and http://www.hy-vee.com/company/policy/privacy.aspx for details regarding the use of personal information collected in connection with this Sweepstakes.
11. WINNERS LIST: The names of the prize winners may be obtained by sending a self-addressed, postage prepaid written request to: Hy-Vee, Inc., Attn: 2023 MTN DEW® OUTDOORS FISHING SWEEPSTAKES AT HY-VEE, 5820 Westown Parkway, West Des Moines, IA 50266. Written requests must be received by June 12, 2023.
12. SPONSOR: Pepsi Beverages Company, 404 W. Harrison Street, Chicago, IL, 60607.
13. PROMOTION ADMINISTRATOR: Promotion Security Group, 416 Cherokee Drive, Orlando, FL 32801
MTN DEW is a registered trademark of PepsiCo, Inc.