OFFICIAL RULES
2023 DR PEPPER/STATER BROS. HOLIDAY BOWL SWEEPSTAKES & CONTEST
INTERNET, QR CODE APP, AND EMAIL ACCOUNT REQUIRED. NO PURCHASE NECESSARY. VOID OUTSIDE ELIGIBLE STATES AND WHERE PROHIBITED. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING. GOVERNED BY LAWS OF THE STATE OF TEXAS. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
Promotion: 2023 Dr Pepper/Stater Bros. Holiday Bowl Sweepstakes and Contest (the “Promotion”)
Sponsor: Dr Pepper/Seven Up, Inc., 6425 Hall of Fame Lane, Frisco, TX 75034
Account: Stater Bros. Inc.
ADMINISTRATORS:
Promotion Administrator: Sports Strategies, Inc., 5083 Manor Ridge Lane, San Diego, CA 92130
Scholarship Administrator: Scholarship America, Scholarship Management Services, Attn: Dr Pepper/Holiday Bowl Tuition Giveaway, One Scholarship Way, St Peter, MN 56082
Annuity Company: Odds On Promotions, A Division of Hole In One International, 6195 Ridgeview Ct., Suite D, Reno, NV 89519
Eligible Counties: San Bernardino, Riverside, Orange, Los Angeles, San Diego or Kern Counties, California
Minimum Age: Must be at least 18 or older at time of entry
DATES:
Start Date: 12:00:00 am Pacific Time (“PT”), October 4, 2023
End Date: 11:59:59 pm PT, November 22, 2023
Entry Receipt Deadline: 11:59:59 pm PT, November 22, 2023
Promotion Period: Start Date through End Date
Drawing Date: November 24, 2023
Winners List Request Deadline: January 15, 2024
ADDRESSES:
Website: www.DrPepperTouchdown.com
Winners List Address: Dr Pepper/Stater Bros. Holiday Bowl Winners List, c/o Sports Strategies, Inc., 5083 Manor Ridge Lane, San Diego, CA 92130
Game: 2023 Holiday Bowl Game in San Diego, CA at Petco Park, December 27, 2023 (“Game”)
PRIZES:
1. Ten (10) Qualifying Prizes: Each Qualifying Prize is two (2) tickets and two (2) VIP Pre-game party passes to the Game. Approximate Retail Value of each Qualifying Prize: $360. The Qualifying Prize also includes an opportunity for the Qualifying Prize winner to compete as a Pass Contestant or Pass Finalist as provided in the Pass Contest section of these rules; Qualifying Prize winner’s guest will not be permitted to compete.
2. One (1) Pass Finalist Prize: Ten Thousand Dollars ($10,000) Tuition. The Pass Finalist will have the option to take one (1) additional throw from the 23 yard line, and if successful, the amount of the tuition prize is increased to a total of $100,000; however, if the additional throw is not a successful pass, then the Tuition Prize won will be $10,000.
3. Two (2) Runner-Up Pass Contestant Prizes: Two Thousand Dollars ($2,000) Tuition.
Entrants acknowledge that the Prize and its value are the tickets and only the chance to compete as described herein. The value of the chance to compete and the odds of winning the competition are dependent on a multitude of factors and cannot be determined with any degree of certainty and no odds or value on such aspect of the Tuition Contest shall be ascribed to such portion.
Winner agrees to maintain his or her behavior and the behavior of its guest in accordance with all applicable laws, generally accepted social practices, and adhere to all rules and regulations applicable to any airline, hotel, venue or other entity connected to participation in any Prize activity, including, without limitation, use of a Prize component. Winner understands and agrees that if Winner or his/her guest is removed from any activity at any time, or if the Winner’s or his/her guest’s behavior at any point is disruptive, causes damage or could cause damage to person, property or otherwise violates the policies of an entity associated with the Prize, then Winner may be required to forfeit the remainder of the Prize without substitution or compensation.
Prize winner and guest agree to comply with all COVID-19 safety measures, including but not limited to wearing a mask in public gatherings and practicing social distancing where required.
Any expense or item not specifically listed, including the cost of travel, is the responsibility of winner.
TUITION/EDUCATIONAL GRANTS: $100,000 (One Hundred Thousand Dollars), $10,000 (Ten thousand dollars) or $2,000 (Two Thousand Dollars) tuition/educational grant payable as follows:
(a )As tuition to cover up to four (4) consecutive years of college or postsecondary vocational institution tuition, fees, books, supplies, equipment, related educational expenses, and on-campus room and board to be awarded in the form of a check distributed to the school (eligible under Title IV of the Higher Education Act of 1965 as amended) and located in the United States on behalf of the Winner or Winner’s designee, who must be at least 16 years of age (“Designee”); or
(b) To pay off student loans incurred for eligible costs in (a) above in the form of a check distributed to the lending institution on behalf of the Winner or Winner’s Designee; or
(c) A combination of (a) and (b) above in an amount not to exceed the prize amount.
All tuition/educational awards will be administered by Scholarship Management Services, a division of Scholarship America, and are subject to the following and all other terms of these Official Rules. Awards are to be used for postsecondary education expenses at an accredited two- or four-year college, technical school, vocational school, or master or doctorate degree program in the United States. Awards may be used to pay current educational expenses, student loans incurred in a previous academic year, or a combination of both. Checks for the full amount will be sent to the institution designated by the Winners. Payments applied to educational loans will be payable to the loan servicing company for the student. (Award may be considered taxable and Form 1099-Miscellaneous Income will be issued.)
Awards may be used for current educational expenses until the expiration dates below (the “Expiration Date”) or until a degree is earned, whichever occurs first. Following completion of a degree program, the Winner may opt to continue to pursue another degree level until the award expires or use toward existing education loans. At the request of the recipient (i.e., the initial tuition award winner), he/she may designate that the tuition award proceeds be held at Scholarship Management Services on account for another person (Designee) to be used for eligible education purposes as provided herein.
Upon notification as an initial winner, the initial winner must notify Scholarship Management Services of his/her intent to gift the award proceeds to the Designee. Scholarship Management Services will set aside the funds until such time as the Designee notifies Scholarship Management Services that he/she is ready to use the funds for eligible education-related expenses. The tuition award proceeds shall be transferred one (1) time only. The initial tuition award winner must supply the following identifying information about the Designee: name, address, phone number, date of birth, relationship, and postsecondary school information (if known at such time). Scholarship Management Services shall not transfer the tuition award proceeds to the Designee until such time as the identifying information is verified by the Designee and to the satisfaction of Scholarship Management Services. The initial tuition award winner shall be responsible for completing and filing the required Gift Tax Forms with the Internal Revenue Service. There may be a tax liability to the winner and the winner should consult with a tax expert before making this decision. An IRS Form 1099 will be issued to the winner. Any tax liability will be the responsibility of the winner. Designees must be at least 16 years of age or older.
Winners (and/or their Designees) of Tuition Prizes of $10,000 or less have up until (December 31, 2024) to use the Tuition Award or it will be forfeited.
Winner (and/or his/her Designee) of Tuition Prize of $100,000 has up until (December 31, 2028) to use the Tuition Award or it will be forfeited.
TUITION PRIZE OF $100,000 WILL BE PAID TO SCHOLARSHP AMERICA ON BEHALF OF THE WINNER IN ONE LUMP SUM FROM THE PROCEEDS OF AN ANNUITY PURCHASED BY ADMINISTRATORS FROM ANNUITY COMPANY. WINNER MUST LOOK SOLELY TO ANNUITY COMPANY FOR PAYMENT. SPONSOR IS NOT RESPONSIBLE FOR MAKING ANY SUCH PAYMENTS COVERED UNDER THE ANNUITY, NOR ANY LIMITATIONS, EXCLUSIONS, QUALIFICATIONS, DETERMINATIONS OR OTHER DECISIONS, ACTS OR OMISSIONS OF ANNUITY COMPANY, OR ITS REPRESENTATIVES, INCLUDING SPONSOR OR ANY OTHER PARTY’S FAILURE TO COMPLY WITH ANNUITY COMPANY’S TERMS AND CONDITIONS. ANNUITY COMPANY MAY CONDUCT A REASONABLE INVESTIGATION INCLUDING BUT NOT LIMITED TO REQUIRING THE GRAND PRIZE WINNERS TO SUBMIT TO A POLYGRAPH EXAMINATION AS A CONDITION TO AWARDING OF THE GRAND PRIZE IF, IN THE SOLE OPINION OF THE ANNUITY COMPANY THAT SUCH AN EXAMINATION IS WARRANTED BY THE FACTS.
ANY FUNDS NOT USED BY THE EXPIRATION DATE WILL BE FORFEITED AND RETURNED TO SPONSOR.
HOW TO ENTER: During the Promotion Period, to enter go to the Website or scan the QR code found on the Promotion point-of-sale materials at any participating store in the Eligible Counties and enter your name, phone, email options, select the county where you reside, certify that you are at least of Minimum Age, and accept the Official Rules. Click submit. Only one internet entry per person and one internet entry per email address is permitted per day. Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning an email address or the domain associated with the submitted email address. Multiple participants are not permitted to share the same email address. Entries submitted will not be acknowledged or returned. Use of any device to automate entry is prohibited. Proof of submission of an entry shall not be deemed proof of receipt by Administrators. Administrator’s computer is the official time keeping device for the Promotion. The Administrators are not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Sponsor’s Privacy Policy is available at https://www.keurig.com/content/privacy-policy. Terms of Use are available at https://www.keurig.com/content/terms-and-conditions.
ENTRY LIMITS: Entries must be received by the Entry Deadline. Limit 1 per day/50 total. You may not use more than one name or mailing or email address. You must complete your own entry. No use of any automated, form filling, programmed or similar service or system.
DRAWING: Winners will be selected by random drawing. Odds depend on the number of eligible entries.
PRIZE LIMIT: Limit one prize (valued $600 or more) per person/household per 12 consecutive months from any promotion sponsored by Sponsor or any of its affiliates. Administrator’s decisions as to the administration and operation of the Promotion and the selection of the potential winners are final and binding in all matters related to the Promotion.
NOTIFICATION: Winners will be notified via phone. If you are a potential winner, you must follow all of the Administrators’ instructions you receive within the time frame specified, or the prize may be forfeited.
PASS CONTEST: The Qualifying Prize Winners will be invited to the sidelines during the first half of the Game where they will each be asked to select a sealed bag (“Bag”) from a cooler. The Bags must remain sealed until an announcement is made for the 10 Qualifying Prize Winners to open the Bags. If a Qualifying Prize Winner’s Bag contains a DR PEPPER can, then that Qualifying Prize Winner will be 1 of the 3 pass contestants (“Pass Contestant”). If a Qualifying Prize Winner’s Bag contains a DIET DR PEPPER can, then that Qualifying Prize Winner may be an alternate Pass Contestant (“Alternate”) in the event any of the 3 Pass Contestants cannot or do not want to participate in the Pass Contest. The Pass Contestants and Alternates selected must meet all eligibility criteria stated in these Official Rules in order to qualify as Pass Contestants or Alternate. Each Pass Contestant will be asked to choose a number from 1-23 and write the number down on paper provided. In the event of a tie during the Pass Contest described below, the Pass Contestant or Alternate whose number comes closest to the number in the sealed envelope without going over will be Pass Finalist.
FINAL EVENT: On the Qualifying Prize Game Date, during the break between the 3rd and 4th quarters of the Game, (the “Final Event”) the three Qualifying Prize winners chosen as a Pass Contestant will each have the opportunity to stand side-by-side and pass ten footballs provided by Sponsor from the 5-yard line into a 2’ diameter “target” hole cut into three oversized Dr Pepper can replicas (one can replica for each Pass Contestant) provided by Sponsor which will be located on the goal line nearest the Pass Contestants. Pass Contestants may not wear gloves or use any throwing aid. No warm up or trial passes will be permitted by the Pass Contestants. No part of Pass Contestants’ body or clothing may come in contact with the line. The three Pass Contestants will have a total of 30 seconds to complete the most Successful Passes. Passes must pass from Contestants’ hand on the fly, fully through the hole, without touching the ground or any object or surface other than the Dr Pepper can replica, all as solely determined by Sponsor or its judges, in order to be considered a “Successful Pass”. The Pass Contestant who throws the most Successful Passes will win $10,000 tuition and be the pass finalist (“Pass Finalist”). The other two runner-up contestants will each receive a consolation prize of $2,000 tuition. The Pass Finalist will be given the option to throw 1 more football (“Final Pass”) from the 23-yard line and attempt to pass this single football into the large can replica. If the Pass Finalist makes a Successful Pass from the 23-yard line, the Winner will win $100,000 tuition. If the Pass Finalist misses the Final Pass, he/she will keep the $10,000 tuition prize.
GENERAL COMPETITION/FINAL EVENT RULES: If any Qualifying Prize Winner, Pass Contestant, Pass Finalist, or Alternate is not at the Sponsor’s designated Qualifying Prize Winner and Pass Contestant Preliminary meetings and at Preliminary Competition locations at the dates and times specified, he/she will be disqualified. Footballs and Can Replica will be provided by Sponsor. Pass Contestants, Pass Finalists and Alternate must use soft-soled shoes only (no metal cleats), and must attempt all passes without gloves or any throwing aid or any third party assistance of any kind. All of Sponsor’s and/or its judges’ decisions regarding positioning of Pass Contestant, Pass Finalist or Alternate, timing of throws, and other details of Pass Competition, Final Event, Finalist Tie-Breaker, and Final Event shall be final. Locations, dates and times may be subject to change.
AFFIDAVIT/RELEASE: Winner and, if applicable, winner’s guest(s) may be required to sign an affidavit of eligibility and release of publicity/liability within the time Sponsor or Administrator specifies or prize may be forfeited.
THE FOLLOWING TERMS ARE PART OF THE FULL OFFICIAL RULES.
ELIGIBILITY: To enter you must be a U.S. legal resident of an Eligible County and at least the Minimum Age. You are not eligible if you or a member of your immediate family or household (whether or not related) is an (A) employee, officer or director of any Promotion Party or (B) owner/operator or person responsible for purchasing or promotion decisions at retailers of Sponsor products.
You must not be a current or former professional or semi-professional football player, or coach who has played or coached at that level anywhere in the world, a current or former collegiate or junior collegiate football player or coach who has played or coached at that level anywhere in the world within the last four (4) years, or a current or former high school football player or coach who has played or coached at that level anywhere in the world within the last four (4) years.
“Immediate family” means spouses, parents, children, siblings and step-parents/children/siblings, whether or not living at the same residence.
“Promotion Part(ies)” means Sponsor, its bottlers or distributors, Account, Annuity Company, San Diego Bowl Game Association, Administrator, their respective parents, subsidiaries and affiliates, their promotion partners, advertising or promotion agencies, promotion materials suppliers, website developers, judging organizations, auditing or legal firms and other parties engaged in the promotion, administration or execution of the Promotion, and all of their employees, officers, directors and agents.
GENERAL: By participating, you agree to abide by the Rules and all decisions of Sponsor and its judges and administrators, which are final and binding in all respects. Non-compliance may result in disqualification. You are not a winner unless and until you have fully complied with the Rules and all award processes have been completed (including affidavits and any verifications required by Sponsor and/or Administrator). All entries must use your actual name and residential address (as on your driver’s license or government ID)(no P.O. boxes). Documents must be signed by parent/legal guardian of a minor. Entries become Sponsor’s property and will not be returned. Winners may not substitute, transfer or redeem for cash all or any part of prize. If, for any reason, a prize cannot be awarded or winner is not capable of redeeming, Sponsor is not obligated to award it and reserves the right, in its sole discretion, whether or not to substitute the prize (or portion of prize) with a prize of comparable or greater value or cash value or select an alternate winner for forfeited prizes. If, for any reason, more prizes are available or claimed than the stated number, Sponsor reserves the right to randomly draw winners from eligible claimants. Winners are solely responsible for all taxes, if any, on prizes and may be required to provide a W9 form to Sponsor or Administrator for any prizes valued at $600 or more. Winners are responsible for any expense or item not specifically awarded in the Rules. Sponsor shall not be liable to winner or any other person for failure to supply any prize or any part thereof by reason of any event of force majeure, including without limitation, any acts of God such as an epidemic, pandemic (including foreseeable and ongoing effects of COVID-19) any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Sponsor’s control.
USE OF NAME/LIKENESS: By accepting a prize, you grant Sponsor (and its designees) the right to use your name and/or likeness for advertising purposes in any medium, without further compensation, except as prohibited by law.
ACCOUNT HOLDER: If disputed, entry will be deemed made by the natural person who is assigned to the account by the applicable provider or organization that assigns the phone, email or other account number.
LIMITATIONS: Neither Sponsor nor any other Promotion Party is responsible for any:
· lost, late, damaged, incomplete, illegible, misdirected, undeliverable or postage due mail;
· email, network, electronic, software, equipment, service, processing, accessibility or other errors, failures or issues;
· unauthorized access, tampering, hacking, theft or destruction; or
· other technical or human error related to the promotion, execution or administration of the Promotion.
VIOLATIONS: Sponsor may, in its sole determination, disqualify anyone it believes has not complied with the Rules, may be tampering or acting in a non-sportsmanlike, disruptive, abusive, harassing or threatening manner.
CAUTION: ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY VIOLATE CIVIL AND CRIMINAL LAWS AND SPONSOR MAY SEEK REMEDIES TO THE FULLEST EXTENT UNDER LAW.
CHANGES: Sponsor may, in its sole determination, cancel or modify any aspect of the Promotion or Rules for any reason which Sponsor, in its sole opinion, deems affects the promotion, execution or administration of the Promotion (whether tampering, technical or human error, application of new or existing laws/regulations, or other issues).
RULES INTERPRETATION: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor's or Administrator's failure to enforce any term of these Official Rules does not constitute a waiver of that provision. By entering this Promotion, you waive any right to claim ambiguity in these Official Rules.
LIABILITY RELEASE: BY PARTICIPATING, YOU RELEASE AND AGREE THAT NEITHER SPONSOR NOR ANY PROMOTION PARTY WILL BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITY OF ANY KIND (INCLUDING PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COUNSEL FEES AND COURT COSTS) ARISING FROM ANYTHING RELATING TO:
· PROMOTION, EXECUTION OR ADMINISTRATION OF THE PROMOTION (OR YOUR PARTICIPATION) INCLUDING BUT NOT LIMITED TO, ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES;
· CANCELLATION OR MODIFICATION OF ANY ASPECT OF THE PROMOTION;
· USE OF ANY WEB SITE RELATED TO THE PROMOTION OR MATERIALS ON THEM, INCLUDING BUT NOT LIMITED TO, ANY TECHNICAL FAILURES OF ANY KIND, MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN NETWORK HARDWARE OR SOFTWARE;
· ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF ANY PRIZE;
· ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; OR
· PARTICIPATING IN OR TRAVELING TO ANY PROMOTION-RELATED ACTIVITY.
IF FOR ANY REASON AN ENTRANT'S ENTRY IS CONFIRMED TO HAVE BEEN ERRONEOUSLY DELETED, LOST, NOT RECEIVED, OR OTHERWISE DESTROYED OR CORRUPTED, ENTRANT’S SOLE REMEDY IS ANOTHER ENTRY IN THE PROMOTION, IF IT IS POSSIBLE.
INDEMNITY: By participating, you further agree to indemnify and hold harmless the Promotion Parties and their respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions and liability of any kind resulting from or in connection with the Promotion or the Prizes.
NO WARRANTY: ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CHECK YOUR LOCAL LAWS.
DISPUTES: IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY DISPUTE OR CLAIM SHALL BE RESOLVED BY FINAL BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN TEXAS. VENUE FOR ANY PROCEEDINGS WILL BE IN COLLIN COUNTY, TEXAS. REMEDIES SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES IN THESE RULES, BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, ATTORNEY'S FEES OR OTHER COSTS OR BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY); A AND (C) ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
USE OF DATA: All information submitted by you will be treated according to Sponsor’s Privacy Policy. By participating in the Promotion and providing any applicable contact information, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s Privacy Policy available at https://www.keurig.com/content/privacy-policy.
ADMINISTRATION: Administrator is responsible for the processing of entries and administration of the Promotion. Contact Administrator at its above address with any questions, comments or problems.
For a WINNERS LIST: Mail a self-addressed stamped envelope to Winners List Address above by the Winners List Request Deadline. List will be sent once all prizes awarded.
THIS PROMOTION IS NOT SPONSORED OR ADMINISTERED BY FACEBOOK, INSTAGRAM OR TWITTER. THESE SOCIAL MEDIA SITES MAY BE USED TO ADVERTISE THE PROMOTION ONLY.
2023 DR PEPPER/STATER BROS. HOLIDAY BOWL SWEEPSTAKES & CONTEST
INTERNET, QR CODE APP, AND EMAIL ACCOUNT REQUIRED. NO PURCHASE NECESSARY. VOID OUTSIDE ELIGIBLE STATES AND WHERE PROHIBITED. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING. GOVERNED BY LAWS OF THE STATE OF TEXAS. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
Promotion: 2023 Dr Pepper/Stater Bros. Holiday Bowl Sweepstakes and Contest (the “Promotion”)
Sponsor: Dr Pepper/Seven Up, Inc., 6425 Hall of Fame Lane, Frisco, TX 75034
Account: Stater Bros. Inc.
ADMINISTRATORS:
Promotion Administrator: Sports Strategies, Inc., 5083 Manor Ridge Lane, San Diego, CA 92130
Scholarship Administrator: Scholarship America, Scholarship Management Services, Attn: Dr Pepper/Holiday Bowl Tuition Giveaway, One Scholarship Way, St Peter, MN 56082
Annuity Company: Odds On Promotions, A Division of Hole In One International, 6195 Ridgeview Ct., Suite D, Reno, NV 89519
Eligible Counties: San Bernardino, Riverside, Orange, Los Angeles, San Diego or Kern Counties, California
Minimum Age: Must be at least 18 or older at time of entry
DATES:
Start Date: 12:00:00 am Pacific Time (“PT”), October 4, 2023
End Date: 11:59:59 pm PT, November 22, 2023
Entry Receipt Deadline: 11:59:59 pm PT, November 22, 2023
Promotion Period: Start Date through End Date
Drawing Date: November 24, 2023
Winners List Request Deadline: January 15, 2024
ADDRESSES:
Website: www.DrPepperTouchdown.com
Winners List Address: Dr Pepper/Stater Bros. Holiday Bowl Winners List, c/o Sports Strategies, Inc., 5083 Manor Ridge Lane, San Diego, CA 92130
Game: 2023 Holiday Bowl Game in San Diego, CA at Petco Park, December 27, 2023 (“Game”)
PRIZES:
1. Ten (10) Qualifying Prizes: Each Qualifying Prize is two (2) tickets and two (2) VIP Pre-game party passes to the Game. Approximate Retail Value of each Qualifying Prize: $360. The Qualifying Prize also includes an opportunity for the Qualifying Prize winner to compete as a Pass Contestant or Pass Finalist as provided in the Pass Contest section of these rules; Qualifying Prize winner’s guest will not be permitted to compete.
2. One (1) Pass Finalist Prize: Ten Thousand Dollars ($10,000) Tuition. The Pass Finalist will have the option to take one (1) additional throw from the 23 yard line, and if successful, the amount of the tuition prize is increased to a total of $100,000; however, if the additional throw is not a successful pass, then the Tuition Prize won will be $10,000.
3. Two (2) Runner-Up Pass Contestant Prizes: Two Thousand Dollars ($2,000) Tuition.
Entrants acknowledge that the Prize and its value are the tickets and only the chance to compete as described herein. The value of the chance to compete and the odds of winning the competition are dependent on a multitude of factors and cannot be determined with any degree of certainty and no odds or value on such aspect of the Tuition Contest shall be ascribed to such portion.
Winner agrees to maintain his or her behavior and the behavior of its guest in accordance with all applicable laws, generally accepted social practices, and adhere to all rules and regulations applicable to any airline, hotel, venue or other entity connected to participation in any Prize activity, including, without limitation, use of a Prize component. Winner understands and agrees that if Winner or his/her guest is removed from any activity at any time, or if the Winner’s or his/her guest’s behavior at any point is disruptive, causes damage or could cause damage to person, property or otherwise violates the policies of an entity associated with the Prize, then Winner may be required to forfeit the remainder of the Prize without substitution or compensation.
Prize winner and guest agree to comply with all COVID-19 safety measures, including but not limited to wearing a mask in public gatherings and practicing social distancing where required.
Any expense or item not specifically listed, including the cost of travel, is the responsibility of winner.
TUITION/EDUCATIONAL GRANTS: $100,000 (One Hundred Thousand Dollars), $10,000 (Ten thousand dollars) or $2,000 (Two Thousand Dollars) tuition/educational grant payable as follows:
(a )As tuition to cover up to four (4) consecutive years of college or postsecondary vocational institution tuition, fees, books, supplies, equipment, related educational expenses, and on-campus room and board to be awarded in the form of a check distributed to the school (eligible under Title IV of the Higher Education Act of 1965 as amended) and located in the United States on behalf of the Winner or Winner’s designee, who must be at least 16 years of age (“Designee”); or
(b) To pay off student loans incurred for eligible costs in (a) above in the form of a check distributed to the lending institution on behalf of the Winner or Winner’s Designee; or
(c) A combination of (a) and (b) above in an amount not to exceed the prize amount.
All tuition/educational awards will be administered by Scholarship Management Services, a division of Scholarship America, and are subject to the following and all other terms of these Official Rules. Awards are to be used for postsecondary education expenses at an accredited two- or four-year college, technical school, vocational school, or master or doctorate degree program in the United States. Awards may be used to pay current educational expenses, student loans incurred in a previous academic year, or a combination of both. Checks for the full amount will be sent to the institution designated by the Winners. Payments applied to educational loans will be payable to the loan servicing company for the student. (Award may be considered taxable and Form 1099-Miscellaneous Income will be issued.)
Awards may be used for current educational expenses until the expiration dates below (the “Expiration Date”) or until a degree is earned, whichever occurs first. Following completion of a degree program, the Winner may opt to continue to pursue another degree level until the award expires or use toward existing education loans. At the request of the recipient (i.e., the initial tuition award winner), he/she may designate that the tuition award proceeds be held at Scholarship Management Services on account for another person (Designee) to be used for eligible education purposes as provided herein.
Upon notification as an initial winner, the initial winner must notify Scholarship Management Services of his/her intent to gift the award proceeds to the Designee. Scholarship Management Services will set aside the funds until such time as the Designee notifies Scholarship Management Services that he/she is ready to use the funds for eligible education-related expenses. The tuition award proceeds shall be transferred one (1) time only. The initial tuition award winner must supply the following identifying information about the Designee: name, address, phone number, date of birth, relationship, and postsecondary school information (if known at such time). Scholarship Management Services shall not transfer the tuition award proceeds to the Designee until such time as the identifying information is verified by the Designee and to the satisfaction of Scholarship Management Services. The initial tuition award winner shall be responsible for completing and filing the required Gift Tax Forms with the Internal Revenue Service. There may be a tax liability to the winner and the winner should consult with a tax expert before making this decision. An IRS Form 1099 will be issued to the winner. Any tax liability will be the responsibility of the winner. Designees must be at least 16 years of age or older.
Winners (and/or their Designees) of Tuition Prizes of $10,000 or less have up until (December 31, 2024) to use the Tuition Award or it will be forfeited.
Winner (and/or his/her Designee) of Tuition Prize of $100,000 has up until (December 31, 2028) to use the Tuition Award or it will be forfeited.
TUITION PRIZE OF $100,000 WILL BE PAID TO SCHOLARSHP AMERICA ON BEHALF OF THE WINNER IN ONE LUMP SUM FROM THE PROCEEDS OF AN ANNUITY PURCHASED BY ADMINISTRATORS FROM ANNUITY COMPANY. WINNER MUST LOOK SOLELY TO ANNUITY COMPANY FOR PAYMENT. SPONSOR IS NOT RESPONSIBLE FOR MAKING ANY SUCH PAYMENTS COVERED UNDER THE ANNUITY, NOR ANY LIMITATIONS, EXCLUSIONS, QUALIFICATIONS, DETERMINATIONS OR OTHER DECISIONS, ACTS OR OMISSIONS OF ANNUITY COMPANY, OR ITS REPRESENTATIVES, INCLUDING SPONSOR OR ANY OTHER PARTY’S FAILURE TO COMPLY WITH ANNUITY COMPANY’S TERMS AND CONDITIONS. ANNUITY COMPANY MAY CONDUCT A REASONABLE INVESTIGATION INCLUDING BUT NOT LIMITED TO REQUIRING THE GRAND PRIZE WINNERS TO SUBMIT TO A POLYGRAPH EXAMINATION AS A CONDITION TO AWARDING OF THE GRAND PRIZE IF, IN THE SOLE OPINION OF THE ANNUITY COMPANY THAT SUCH AN EXAMINATION IS WARRANTED BY THE FACTS.
ANY FUNDS NOT USED BY THE EXPIRATION DATE WILL BE FORFEITED AND RETURNED TO SPONSOR.
HOW TO ENTER: During the Promotion Period, to enter go to the Website or scan the QR code found on the Promotion point-of-sale materials at any participating store in the Eligible Counties and enter your name, phone, email options, select the county where you reside, certify that you are at least of Minimum Age, and accept the Official Rules. Click submit. Only one internet entry per person and one internet entry per email address is permitted per day. Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning an email address or the domain associated with the submitted email address. Multiple participants are not permitted to share the same email address. Entries submitted will not be acknowledged or returned. Use of any device to automate entry is prohibited. Proof of submission of an entry shall not be deemed proof of receipt by Administrators. Administrator’s computer is the official time keeping device for the Promotion. The Administrators are not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Sponsor’s Privacy Policy is available at https://www.keurig.com/content/privacy-policy. Terms of Use are available at https://www.keurig.com/content/terms-and-conditions.
ENTRY LIMITS: Entries must be received by the Entry Deadline. Limit 1 per day/50 total. You may not use more than one name or mailing or email address. You must complete your own entry. No use of any automated, form filling, programmed or similar service or system.
DRAWING: Winners will be selected by random drawing. Odds depend on the number of eligible entries.
PRIZE LIMIT: Limit one prize (valued $600 or more) per person/household per 12 consecutive months from any promotion sponsored by Sponsor or any of its affiliates. Administrator’s decisions as to the administration and operation of the Promotion and the selection of the potential winners are final and binding in all matters related to the Promotion.
NOTIFICATION: Winners will be notified via phone. If you are a potential winner, you must follow all of the Administrators’ instructions you receive within the time frame specified, or the prize may be forfeited.
PASS CONTEST: The Qualifying Prize Winners will be invited to the sidelines during the first half of the Game where they will each be asked to select a sealed bag (“Bag”) from a cooler. The Bags must remain sealed until an announcement is made for the 10 Qualifying Prize Winners to open the Bags. If a Qualifying Prize Winner’s Bag contains a DR PEPPER can, then that Qualifying Prize Winner will be 1 of the 3 pass contestants (“Pass Contestant”). If a Qualifying Prize Winner’s Bag contains a DIET DR PEPPER can, then that Qualifying Prize Winner may be an alternate Pass Contestant (“Alternate”) in the event any of the 3 Pass Contestants cannot or do not want to participate in the Pass Contest. The Pass Contestants and Alternates selected must meet all eligibility criteria stated in these Official Rules in order to qualify as Pass Contestants or Alternate. Each Pass Contestant will be asked to choose a number from 1-23 and write the number down on paper provided. In the event of a tie during the Pass Contest described below, the Pass Contestant or Alternate whose number comes closest to the number in the sealed envelope without going over will be Pass Finalist.
FINAL EVENT: On the Qualifying Prize Game Date, during the break between the 3rd and 4th quarters of the Game, (the “Final Event”) the three Qualifying Prize winners chosen as a Pass Contestant will each have the opportunity to stand side-by-side and pass ten footballs provided by Sponsor from the 5-yard line into a 2’ diameter “target” hole cut into three oversized Dr Pepper can replicas (one can replica for each Pass Contestant) provided by Sponsor which will be located on the goal line nearest the Pass Contestants. Pass Contestants may not wear gloves or use any throwing aid. No warm up or trial passes will be permitted by the Pass Contestants. No part of Pass Contestants’ body or clothing may come in contact with the line. The three Pass Contestants will have a total of 30 seconds to complete the most Successful Passes. Passes must pass from Contestants’ hand on the fly, fully through the hole, without touching the ground or any object or surface other than the Dr Pepper can replica, all as solely determined by Sponsor or its judges, in order to be considered a “Successful Pass”. The Pass Contestant who throws the most Successful Passes will win $10,000 tuition and be the pass finalist (“Pass Finalist”). The other two runner-up contestants will each receive a consolation prize of $2,000 tuition. The Pass Finalist will be given the option to throw 1 more football (“Final Pass”) from the 23-yard line and attempt to pass this single football into the large can replica. If the Pass Finalist makes a Successful Pass from the 23-yard line, the Winner will win $100,000 tuition. If the Pass Finalist misses the Final Pass, he/she will keep the $10,000 tuition prize.
GENERAL COMPETITION/FINAL EVENT RULES: If any Qualifying Prize Winner, Pass Contestant, Pass Finalist, or Alternate is not at the Sponsor’s designated Qualifying Prize Winner and Pass Contestant Preliminary meetings and at Preliminary Competition locations at the dates and times specified, he/she will be disqualified. Footballs and Can Replica will be provided by Sponsor. Pass Contestants, Pass Finalists and Alternate must use soft-soled shoes only (no metal cleats), and must attempt all passes without gloves or any throwing aid or any third party assistance of any kind. All of Sponsor’s and/or its judges’ decisions regarding positioning of Pass Contestant, Pass Finalist or Alternate, timing of throws, and other details of Pass Competition, Final Event, Finalist Tie-Breaker, and Final Event shall be final. Locations, dates and times may be subject to change.
AFFIDAVIT/RELEASE: Winner and, if applicable, winner’s guest(s) may be required to sign an affidavit of eligibility and release of publicity/liability within the time Sponsor or Administrator specifies or prize may be forfeited.
THE FOLLOWING TERMS ARE PART OF THE FULL OFFICIAL RULES.
ELIGIBILITY: To enter you must be a U.S. legal resident of an Eligible County and at least the Minimum Age. You are not eligible if you or a member of your immediate family or household (whether or not related) is an (A) employee, officer or director of any Promotion Party or (B) owner/operator or person responsible for purchasing or promotion decisions at retailers of Sponsor products.
You must not be a current or former professional or semi-professional football player, or coach who has played or coached at that level anywhere in the world, a current or former collegiate or junior collegiate football player or coach who has played or coached at that level anywhere in the world within the last four (4) years, or a current or former high school football player or coach who has played or coached at that level anywhere in the world within the last four (4) years.
“Immediate family” means spouses, parents, children, siblings and step-parents/children/siblings, whether or not living at the same residence.
“Promotion Part(ies)” means Sponsor, its bottlers or distributors, Account, Annuity Company, San Diego Bowl Game Association, Administrator, their respective parents, subsidiaries and affiliates, their promotion partners, advertising or promotion agencies, promotion materials suppliers, website developers, judging organizations, auditing or legal firms and other parties engaged in the promotion, administration or execution of the Promotion, and all of their employees, officers, directors and agents.
GENERAL: By participating, you agree to abide by the Rules and all decisions of Sponsor and its judges and administrators, which are final and binding in all respects. Non-compliance may result in disqualification. You are not a winner unless and until you have fully complied with the Rules and all award processes have been completed (including affidavits and any verifications required by Sponsor and/or Administrator). All entries must use your actual name and residential address (as on your driver’s license or government ID)(no P.O. boxes). Documents must be signed by parent/legal guardian of a minor. Entries become Sponsor’s property and will not be returned. Winners may not substitute, transfer or redeem for cash all or any part of prize. If, for any reason, a prize cannot be awarded or winner is not capable of redeeming, Sponsor is not obligated to award it and reserves the right, in its sole discretion, whether or not to substitute the prize (or portion of prize) with a prize of comparable or greater value or cash value or select an alternate winner for forfeited prizes. If, for any reason, more prizes are available or claimed than the stated number, Sponsor reserves the right to randomly draw winners from eligible claimants. Winners are solely responsible for all taxes, if any, on prizes and may be required to provide a W9 form to Sponsor or Administrator for any prizes valued at $600 or more. Winners are responsible for any expense or item not specifically awarded in the Rules. Sponsor shall not be liable to winner or any other person for failure to supply any prize or any part thereof by reason of any event of force majeure, including without limitation, any acts of God such as an epidemic, pandemic (including foreseeable and ongoing effects of COVID-19) any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Sponsor’s control.
USE OF NAME/LIKENESS: By accepting a prize, you grant Sponsor (and its designees) the right to use your name and/or likeness for advertising purposes in any medium, without further compensation, except as prohibited by law.
ACCOUNT HOLDER: If disputed, entry will be deemed made by the natural person who is assigned to the account by the applicable provider or organization that assigns the phone, email or other account number.
LIMITATIONS: Neither Sponsor nor any other Promotion Party is responsible for any:
· lost, late, damaged, incomplete, illegible, misdirected, undeliverable or postage due mail;
· email, network, electronic, software, equipment, service, processing, accessibility or other errors, failures or issues;
· unauthorized access, tampering, hacking, theft or destruction; or
· other technical or human error related to the promotion, execution or administration of the Promotion.
VIOLATIONS: Sponsor may, in its sole determination, disqualify anyone it believes has not complied with the Rules, may be tampering or acting in a non-sportsmanlike, disruptive, abusive, harassing or threatening manner.
CAUTION: ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY VIOLATE CIVIL AND CRIMINAL LAWS AND SPONSOR MAY SEEK REMEDIES TO THE FULLEST EXTENT UNDER LAW.
CHANGES: Sponsor may, in its sole determination, cancel or modify any aspect of the Promotion or Rules for any reason which Sponsor, in its sole opinion, deems affects the promotion, execution or administration of the Promotion (whether tampering, technical or human error, application of new or existing laws/regulations, or other issues).
RULES INTERPRETATION: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor's or Administrator's failure to enforce any term of these Official Rules does not constitute a waiver of that provision. By entering this Promotion, you waive any right to claim ambiguity in these Official Rules.
LIABILITY RELEASE: BY PARTICIPATING, YOU RELEASE AND AGREE THAT NEITHER SPONSOR NOR ANY PROMOTION PARTY WILL BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITY OF ANY KIND (INCLUDING PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COUNSEL FEES AND COURT COSTS) ARISING FROM ANYTHING RELATING TO:
· PROMOTION, EXECUTION OR ADMINISTRATION OF THE PROMOTION (OR YOUR PARTICIPATION) INCLUDING BUT NOT LIMITED TO, ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES;
· CANCELLATION OR MODIFICATION OF ANY ASPECT OF THE PROMOTION;
· USE OF ANY WEB SITE RELATED TO THE PROMOTION OR MATERIALS ON THEM, INCLUDING BUT NOT LIMITED TO, ANY TECHNICAL FAILURES OF ANY KIND, MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN NETWORK HARDWARE OR SOFTWARE;
· ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF ANY PRIZE;
· ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; OR
· PARTICIPATING IN OR TRAVELING TO ANY PROMOTION-RELATED ACTIVITY.
IF FOR ANY REASON AN ENTRANT'S ENTRY IS CONFIRMED TO HAVE BEEN ERRONEOUSLY DELETED, LOST, NOT RECEIVED, OR OTHERWISE DESTROYED OR CORRUPTED, ENTRANT’S SOLE REMEDY IS ANOTHER ENTRY IN THE PROMOTION, IF IT IS POSSIBLE.
INDEMNITY: By participating, you further agree to indemnify and hold harmless the Promotion Parties and their respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions and liability of any kind resulting from or in connection with the Promotion or the Prizes.
NO WARRANTY: ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CHECK YOUR LOCAL LAWS.
DISPUTES: IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY DISPUTE OR CLAIM SHALL BE RESOLVED BY FINAL BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN TEXAS. VENUE FOR ANY PROCEEDINGS WILL BE IN COLLIN COUNTY, TEXAS. REMEDIES SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES IN THESE RULES, BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, ATTORNEY'S FEES OR OTHER COSTS OR BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY); A AND (C) ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
USE OF DATA: All information submitted by you will be treated according to Sponsor’s Privacy Policy. By participating in the Promotion and providing any applicable contact information, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s Privacy Policy available at https://www.keurig.com/content/privacy-policy.
ADMINISTRATION: Administrator is responsible for the processing of entries and administration of the Promotion. Contact Administrator at its above address with any questions, comments or problems.
For a WINNERS LIST: Mail a self-addressed stamped envelope to Winners List Address above by the Winners List Request Deadline. List will be sent once all prizes awarded.
THIS PROMOTION IS NOT SPONSORED OR ADMINISTERED BY FACEBOOK, INSTAGRAM OR TWITTER. THESE SOCIAL MEDIA SITES MAY BE USED TO ADVERTISE THE PROMOTION ONLY.