MTN DEW® “YEAR OF DEW” SWEEPSTAKES AT KROGER
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. STANDARD MESSAGE AND DATA RATES MAY APPLY. ONLY OPEN TO LEGAL RESIDENTS OF THE U.S. WHO, AT THE TIME OF ENTRY AND PRIZE AWARDING, ARE RESIDING IN AL, AR, GA, IL, IN, KY, MS, OH, SC, TN, VA OR WV AND ARE 18 YEARS OF AGE (19 IN AL) OR OLDER.
1. SWEEPSTAKES PERIOD: Entry into the MTN DEW® “YEAR OF DEW” SWEEPSTAKES AT KROGER (the “Sweepstakes”) begins at 9:00:00 a.m. Eastern Time (“ET”) on June 11, 2022 and ends at 11:59:59 p.m. ET on July 31, 2022 (“Sweepstakes Period”).
2. HOW TO ENTER: During the Sweepstakes Period, you can enter via the following methods:
(a) TEXT MESSAGE: Use your mobile phone to text YOD to short code 99888 and you will be automatically entered into the Sweepstakes. Participants must have a mobile phone with text messaging capabilities to enter by text message and may incur standard text message and data charges from their wireless service provider for each message sent and received. Important Information: By entering the Sweepstakes via text message, you agree to send up to three (3) text messages and receive up to two (2) text messages from or on behalf of Sponsor about the Sweepstakes at the number from which you entered. Check with your wireless service provider for details on any applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate. By entering this Sweepstakes via text messaging the entrant is consenting to receive autodialed text and phone messages regarding the Sweepstakes. You understand that your consent to receive text messages is not a requirement or a condition of any purchase. Entrants will be given the opportunity to stop receiving text messages at any time by sending “STOP” to 99888. Text “HELP” to 99888 FOR HELP.
(b) INTERNET: Visit www.pepsipromos.com/yod and follow the on-screen instructions to properly complete and submit an online entry.
Limit one (1) entry per day per person, regardless of entry method. If more than one entry is received from the same person in one day, all but the first entry may be disqualified. A “day” is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. (midnight) ET and ending at 11:59:59 p.m. ET, other than the first day of the Sweepstakes, which begins at the stated time in Rule 1. The time clock of the Sweepstakes administrator is the official clock for this Sweepstakes
In the event of a dispute over the identity of a potential winner, an online or text message entry will be declared made by the authorized account holder of such email address or wireless phone number submitted 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 of such email address or wireless phone number. Proof of emailing/texting does not constitute proof of delivery or receipt of entry or notice by Sponsor or Administrator. Entries become the property of Sponsor and will not be returned and may not be acknowledged. Each entry submission 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 transmissions from these or related email/IP addresses or wireless phone number may be blocked. Sponsor is not responsible for lost, late, misdirected or incomplete entries
3. ELIGIBILITY: You must be a legal resident of the United States who, at the time of entry and prize awarding, is residing in AL, AR, GA, IL, IN, KY, MS, OH, SC, TN, VA or WV and is 18 years of age (19 in AL) or older. Employees, contractors, directors, and officers (“employees et al”) of Pepsi Beverages Company, PepsiCo, Inc., Pepsi-Cola Company (“Sponsor”) and its bottlers, The Kroger Co. and all of their respective parents, subsidiaries, divisions, affiliates, distributors, suppliers, and advertising, promotional or judging agencies (collectively, “Sponsor and Promotion Parties”) and their immediate family members (defined as spouses, parents, children and siblings; whether biological, adopted, step or in-law) and persons living within the same household as such employees et al are not eligible to participate.
4. PRIZES: GRAND PRIZES: Six (6) GRAND PRIZES will be awarded each consisting of an $800 Kroger gift card. Actual Retail Value (“ARV”) of GRAND PRIZE: $800.
Total ARV of all prizes to be awarded in this Sweepstakes: $4,800. Gift card is subject to the card holder agreement, terms stated on gift card and as otherwise imposed by issuer.
5. DRAWING: Potential winners will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period. Odds of winning depend upon the total number of eligible entries received. Drawing will be held on or about August 1, 2022 and will be conducted by an independent judging agency, whose decisions are final and binding. All prizes claimed will be awarded. Under no circumstances will Sponsor be obligated to award more prizes than the number advertised within these Official Rules. Limit one prize per person or household.
6. WINNER NOTIFICATION: Potential winners will be notified by text or email at the phone number or email address (depending on method of entry) provided upon entry, within approximately three (3) days of the drawing (“Winner Notification”). Potential winner will be required to respond as directed in the Winner Notification within seventy-two (72) hours of time Winner Notification is sent or prize will be forfeited and may be awarded to an alternate winner, in Sponsor’s sole discretion. Sponsor is not responsible for suspended or discontinued wireless service or a change in the entrant’s telephone number or email address that may result in a potential winner not receiving the Winner Notification or any other notice or prize. Once potential winner responds as directed in the Winner Notification, the potential prize winner will be sent an Affidavit of Eligibility and/or Liability/Publicity Release (where legal) (together the “Prize Claim Documents) to be signed and returned within the number of days indicated on the Prize Claim Documents. The potential prize winner will also be required to complete an IRS Form W9 and provide his/her Social Security number for tax reporting purposes. In the event (i) the Winner Notification, Prize Claim Documents or a prize is returned as undeliverable; (ii) the potential winner fails to respond to the Winner Notification as directed; (iii) any required Prize Claim Documents or IRS Form W9 are not completed, signed and returned within the required number of days; (iv) a potential winner is determined to be ineligible or not in compliance with these Official Rules or (v) a potential winner is otherwise unable to attend an event when specified or accept the prize as stated, that potential winner may be disqualified and the prize will be forfeited and may be awarded to an alternate winner, in Sponsor’s sole discretion. Allow two (2) to four (4) weeks for shipment of the prize following the winner verification. Prizes will only be delivered to addresses within AL, AR, GA, IL, IN, KY, MS, OH, SC, TN, VA or WV.
8. CONDUCT: By participating in this Sweepstakes, participants agree to be bound by these Official Rules and the decisions of the Sponsor 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 play 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 ANY 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 AND ITS AGENTS RESERVE 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.
9. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties and each of their parent, subsidiary and affiliated companies, and all of their employees, officers, directors, agents, contractors, prize suppliers, promotion/advertising/fulfillment agencies associated with this Sweepstakes (collectively the “Released 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, camera, 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 website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline 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 its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, 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 Sweepstakes. Sponsor may modify and amend these Official Rules as they may appear online from time to time during the Promotion for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor makes no representations or warranties of any kind concerning the appearance, performance or safety of any prize awarded.
10. WINNER RELEASES: All entrants, as a condition of entry into the Sweepstakes, agree to release and hold harmless Sponsor and all other Released 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 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 or traveling to or from any prize-related activity or any typographical or other error in these Official Rules or the announcement of offering of any prize. The winner shall bear all risk of loss or damage to their prize after it has been delivered. Except for residents of Tennessee 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 Website) 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.
11. WINNERS’ LIST: For a list of the winners, send a self-addressed, stamped envelope, postmarked by August 31, 2022, to: MTN DEW® “YEAR OF DEW” SWEEPSTAKES AT KROGER Winners’ List, P.O. Box 940340, Maitland, FL 32794-0340.
12. SPONSOR: Pepsi-Cola Company, 7380 W. Sand Lake Rd #230, Orlando, FL 32819.
13. ADMINISTRATOR: PSG, P.O. Box 940340, Maitland, FL 32794-0340.
MTN DEW® is a registered trademark of PepsiCo, Inc.