ALL-IN TO WIN PROMOTION
NO PURCHASE NECESSARY TO ENTER, PLAY, OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The All-In to Win Promotion (“the Promotion”) is open only to individuals who are legal U.S. residents of the 50 United States and District of Columbia (excluding residents of Puerto Rico, and all other U.S. territories and possessions) who are 18 years of age (19 in AL and NE) 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”), GMR Marketing LLC (“GMR”) Applebee’s International, Inc. (“Applebee’s”) and Applebee’s franchisees, 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 Promotion (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 Promotion).
2. PROMOTION PERIOD: The Promotion begins January 2, 2017 at 12:00:00 a.m. Eastern Time (“ET”) and ends March 5, 2017 at 11:59:59 p.m. ET (the "Promotion Period"). The Promotion consists of the All-In to Win Sweepstakes (the “Sweepstakes”) and the All-In to Win Instant-Win (the “Instant-Win”).
3. HOW TO ENTER:
There are two (2) methods of entry into the Promotion, via text message and phone (each an “Entry”). No other forms of entry are valid. (1) To enter via text message: During the Promotion Period,use your mobile phone to text the word (the “Code”) ALL IN, ALLIN, or ALL to 68339 to receive one (1) Entry into the Promotion. If your Entry occurs on a designated Instant-Win winning time specified by Sponsor or, if no one enters at such time, then the first Entry received after such time, you will receive a winning message and win the prize specified, subject to verification. If you do not receive a winning message, you are not an Instant-Winner. By entering via text message, you agree to receive up to three (3) reply text messages per Entry about the Promotion from Sponsor. Entrants must have a mobile phone with text messaging capabilities to enter by text message and 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 phone: Dial toll free 1-844-602-0997 (“Phone Number”) during the Promotion Period and follow the instructions to receive one (1) Entry into the Promotion. If your Entry occurs on a designated Instant-Win winning time specified by Sponsor or, if no one enters at such time, then the first Entry received after such time, you will receive a winning notification message and win the prize specified, subject to verification. If you do not receive a winning notification message, you are not an Instant-Winner. Each time you enter the Promotion you will receive one (1) Entry into the Sweepstakes Drawing and receive one (1) Instant-Win game play.
Opportunity to enter will be on a first-come, first-serve basis and Sponsor does not guarantee the opportunity to enter during the Promotion Period. Decisions of Sponsor are final and binding in all matters relating to the Promotion. Instant-Win Prizes are made available at designated times throughout the Promotion Period.All Entries must be properly received and recorded by Sponsor's computer within the Promotion Period in order to be eligible to win an Instant-Win Prize. Odds of winning any Instant-Win game prize (as defined herein) are dependent on the number of eligible entries received and the day and time of play. 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) Sweepstakes Entry and one (1) Instant Win game play per person/phone number 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) ET and ending at the following 11:59:59 p.m. ET. 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 Promotion 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 the Sponsor in writing if the entrant changes his or her phone number during the Promotion 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 Promotion by sending an opt-out text message stating “STOP” to 68339. If you send a text message stating “HELP” to 68339 you will be sent a reply text message, which will include contact information for customer support for the Promotion.
4. INSTANT-WIN GAME PRIZES:Limit one (1) Instant-Win Prize per person/phone number/household.
Twelve (12) Instant-Win First Prizes, each consisting of two (2) tickets to the winner’s choice of a professional sports event during the 2017 regular season. (Prizing details, including game and seat location, to be determined at the sole discretion of the Sponsor) All other expenses not specifically mentioned herein such as transportation to and from event, parking, etc., are solely the responsibility of each prize winner. No responsibility is assumed by Sponsors for canceled, delayed, suspended or rescheduled events. ARV is $600.
Eighteen thousand one hundred and thirty-two (18,132) Instant-Win Second Prizes, each consisting of an Applebee’s gift card. ARV is $11.02 each.
6. TO CLAIM AN INSTANT-WIN PRIZE: To claim an Instant-Win Prize, immediately after receiving a winning message, entrant will be provided with a prize claim code and a website link to an Official Claim Form, and the entrant must follow the instructions to complete the Official Claim Form, including providing the prize claim code. ALL PRIZE CLAIMS SUBJECT TO VERIFICATION BY AN INDEPENDENT JUDGING AGENCY, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATING TO THIS PROMOTION. Limit one (1) prize claim during the Promotion Period.
7. SECOND CHANCE DRAWING: Any Instant-Win Prizes valued over $25 not awarded during the Promotion Period will be awarded in a Second Chance Drawing on or about ten (10) business days following the Promotion Period from among all eligible non-winning Entries submitted during the applicable Promotion Period. If all Instant-Win Prizes over $25 have been awarded, a Second Chance drawing will not be conducted for such Promotion Period. The Second Chance Drawing winners will be notified by phone to the daytime phone number provided during Entry on or about three (3) business days following the applicable Promotion Period Second Chance Drawing. Winners must respond to the phone notification within 48 hours of attempted notification with their first name, last name, city, and state to verify eligibility and to claim his/her prize. If a Second Chance Drawing winner does not respond within 48 hours of attempted notification, the prize will be forfeited and a potential alternate winner may be selected from the non-winning entries submitted during that Promotion Period, time permitting. Odds of winning an Instant-Win Prize in the Second Chance Drawing depend on the number of eligible non-winning Entries received for each Promotion Period and the number of prizes available (if any). Second Chance Drawing winners of an Applebee’s gift card will receive their Instant-Win Prize via email. Second Chance Drawing winners will be contacted regarding their prize in approximately 3-4 weeks from the date of the drawing.
8. SWEEPSTAKES PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): Odds of winning depend on the number of eligible entries received.
One (1) Grand Prize consisting of a trip for one (1) Grand Prize winner and one (1) guest to Minneapolis, MN between February 3-5, 2018. Grand Prize includes round-trip coach air transportation for winner and one (1) guest from an airport nearest the winner’s home within the 50 United States or D.C. to an airport in the Minneapolis, MN area, one (1) double occupancy standard hotel room for two (2) nights, two (2) tickets to the game, and five hundred dollars ($500) in spending cash. Estimated retail value (“ERV”): up to $8,950, depending upon winner’s point of travel origin. If Grand Prize winner resides within 150 miles of Minneapolis, MN, ground transportation may be substituted in lieu of air transportation at the sole discretion of Sponsor. Selection of airline, hotel and game seating assignment is at Sponsor’s sole discretion. All other expenses not specifically mentioned herein are solely the responsibility of winner and guest. Sponsor will specify travel dates and all travel must be taken on dates specified; no alternative travel dates are available. All travel subject to availability and restrictions. Winner and guest must travel on same itinerary. Minor children may accompany winner as travel guest only if minor’s parent or legal guardian is the winner. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled events beyond its control. Travel guest must sign and return a travel release before any ticketing or travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g. a valid U.S. driver’s license) required for travel within the United States.
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.
The Grand Prize winner and guest must travel on February 3-5, 2018, or any other dates reasonably specified by the Sponsor, 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.
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 consists 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 will receive an IRS Form W-9 and a Form 1099 from Sponsor reflecting the final actual value of the Grand 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 PROMOTION.
9. SWEEPSTAKES GRAND PRIZE SELECTION AND NOTIFICATION: One (1) potential Grand Prize winner will be selected in a random drawing from among all eligible Entries received during the Promotion Period on or about March 7, 2017, in accordance with these Official Rules by the Sponsor, whose decisions on all matters relating the Promotion are final. The potential Grand Prize winner will be notified by phone on or about March 8, 2017. The potential prize winner will be required to respond to a phone call within seventy-two (72) hours of the notification in order for GMR, the independent judging agency, to capture potential winner’s name and mailing address or prize will be forfeited and awarded to an alternate winner. Any potential Grand Prize winner who does not respond within seventy-two (72) hours will result in prize forfeiture and an alternate potential winner will be drawn from among all remaining eligible entries received during the Promotion Period. Sponsor is not responsible for suspended or discontinued wireless or online service which may result in a potential Grand Prize 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 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 (or the Grand Prize Gift winner if the guest is a minor in his/her state of residence) 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.
10. 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 Promotion. No responsibility is assumed by Sponsor or Promotion Parties for lost, late, mutilated, illegible, incomplete, or misdirected entries. No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from entrant's participation in or attempt to participate in the Promotion or ability or inability to upload or download any information in connection with the Promotion. 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 Promotion: 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 Promotion-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 Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an Entry submitted in connection with the Promotion. 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 Promotion. Sponsor or Promotion Parties is not liable in the event that any portion of the Promotion 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”).
11. PUBLICITY RELEASE: By entering the Promotion, entrants grant (and agree to confirm grant in writing promptly upon request) to Sponsor 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.
12. GENERAL CONDITIONS: By participating in the Promotion, entrants agree to be contacted for purposes of Promotion administration. If for any reason the Promotion 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 Promotion, 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 Promotion. 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 Promotion 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 Promotion, 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 Applebee’s, 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 Promotion 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 PROMOTION 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.
13. WINNERS’ LIST: For the names of the Prize winners of prizes over $25 for the Promotion, available after March 5, 2017, send a self-addressed, stamped envelope for receipt by June 5, 2017 to: All-In to Win Promotion Winners’ List, PO Box 510205, New Berlin, WI 53151
14. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York 10577.