SIERRA MIST SUMMER FLAVORS Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE SIERRA MIST SUMMER FLAVORS Sweepstakes (“SWEEPSTAKES”) IS ONLY OPEN TO LEGAL U.S. RESIDENTS RESIDING IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA THROUGHOUT THE SWEEPSTAKES PERIOD WHO ARE 18 YEARS OF AGE (19 IN AL or NE) OR OLDER AT THE TIME OF PARTICIPATION. SWEEPSTAKES SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PARTICIPATE IN THIS SWEEPSTAKES UNLESS YOU ARE ELIGIBLE. VOID WHERE PROHIBITED.
1. HOW TO ENTER: No purchase, and no entry fee, payment or proof-of-purchase necessary to participate in Sweepstakes.There are two (2) ways to enter the Sweepstakes:
(a) Text message: Use your mobile phone to text “MUSIC” to shortcode 33973. By entering via text message, you consent to receive text and phone messages about the Sweepstakes. Text “HELP” for help or “STOP” to cancel. Standard text message and/or data rates may apply for each message sent and received. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate. In the event of a dispute as to the identity of entrant, text message entries will be deemed to have been submitted by the registered owner of the mobile number used to enter.
(b) To enter without sending a text message: Hand print your first and last name, complete street address, daytime phone number, email address, and date of birth on a 3 ½” x 5” index card or piece of paper and place your entry into an outer-mailing envelope with appropriate postage and mail it to: Sierra Mist Summer Flavors Sweepstakes, PO Box 1069, Dept. 892-701, Young America, MN 55594-1069. Entries must be postmarked by September 7, 2013 and received by September 13, 2013. Each entry must be mailed separately in a hand-addressed, postmarked envelope. No photocopied or mechanically reproduced entries accepted.
Limit one (1) entry per person/household/mobile number per day, regardless of entry method used. A “day” is defined as each twenty-four (24) hour time period beginning at 12:00:00 a.m. ET and ending at the following 11:59:59 p.m. ET; except the first day of the Sweepstakes Period which is defined as beginning 12:00:01 p.m. ET and ending 11:59:59 p.m. ET of the same day and the last day of the Sweepstakes Period which is defined as beginning 12:00:00 a.m. ET and ending 11:59:59 a.m. (noon) ET of the same day. No responsibility is assumed by Sponsor for lost, late, unintelligible, garbled, mutilated, illegible, incomplete, misdirected or postage-due mail or entries. All entries received after valid dates are void and ineligible. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
2. PRIZE DETAILS: One Hundred Seventy (170) Grand Prizes will be awarded. Each Grand Prize consists of one (1) $200.00 Gift Card good towards the purchase of tickets to various events. Subject to terms and conditions as stated on the card. ARV: $200.00 each. Nine Hundred (900) First Prizes will be awarded. Each First Prize consists of one (1) Yearly Subscription to Rhapsody. ARV: $120.00 each. Ten Thousand (10,000) Second Prizes will be awarded. Each Second Prize consists of one (1) Monthly Subscription to Rhapsody. ARV: $10.00 each. Rhapsody subscriptions are subject to terms and conditions as set by issuer. Total ARV of all prizes $242,000.00.
3. DRAWING: Winners will be selected in a random drawing to take place on or about September 17, 2013 from among all eligible entries received throughout the entire Sweepstakes Period by an independent judging agency whose decisions are final and binding. Odds of winning are solely dependent upon the total number of eligible entries received. Entries submitted during the Sweepstakes Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent sweepstakes. Limit one (1) prize per person/household/mobile number.
4. ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT RESIDING IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA THROUGHOUT THE SWEEPSTAKES PERIOD WHO IS 18 YEARS OF AGE (19 IN AL or NE) OR OLDER AT THE TIME OF PARTICIPATION to be eligible to win. 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. Employees of Sponsor and its bottlers, and all of their respective parents, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies, and Rhapsody International Inc. (collectively, “Sponsor and Promotion Parties”) and the immediate family members of each, are not eligible to participate or win.
5. GENERAL: This Sweepstakes is governed by the laws of the United States and of the State of New York, without respect to conflict of law doctrines. No substitution of prize is offered, no transfer of prize to a third party is permitted, and any non-cash prize may not be redeemed for cash value. Sponsor reserves the right to substitute a prize of equal or greater value in the event any portion of the prize becomes unavailable. 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 New York having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than participants' actual out-of-pocket expenses (e.g. costs associated with participating), and participants further waive all rights to have damages multiplied or increased. Prize winners will be solely responsible for all applicable federal, state and local taxes on prize. If applicable, winners will receive an IRS Form 1099 for the retail value of the prize. 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.
6. CONDUCT: By entering 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 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 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 FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. LIMITATIONS OF LIABILITY: Sponsor and 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; (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-related equipment or any combination thereof; (e) any injury or damage to participants or to any other person's computer or electronic or telephonic 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.
8. WINNER NOTIFICATION: If a randomly selected winner participated via text message, he/she will receive a prize-notification text message with instructions on how to claim his/her prize. Winner will be instructed to complete a prize-claim form within fourteen (14) days of prize notification or prize may be forfeited and awarded to an alternate winner. Upon submission and verification of the prize-claim form, prize will be awarded (as outlined below). If a randomly-selected winner participated via the mail-in entry method, he/she will receive prize notification by phone, mail and/or email. If any required documents are not returned within the required number of days, or if mail or prize is returned as undeliverable, without a forwarding address, then prize may be forfeited and an alternate winner may be selected. Grand Prizes will be shipped via U.S. mail within 4-6 weeks of winner verification. First and Second Prize winners will receive their prizes within 4-6 weeks of winner verification via email.
9. WINNER RELEASES: All entrants, as a condition of entry into the Sweepstakes, agree to release Sponsor and Promotion 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 or misuse 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 his/her prize after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Except where prohibited by law, winner grants to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known 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.
10. WINNER'S LIST: For the names of the winners, send a self-addressed, stamped envelope, to be received by October 17, 2013, to: Sierra Mist Summer Flavors Sweepstakes Winner's List Request, P.O. Box 3000, Dept. 892-701, Young America, MN 55558-3000.
11. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York 10577.