This Dr Pepper® Ultimate Mancave Makeover Sweepstakes 2021 (“Sweepstakes”) is sponsored by Retail Sports Marketing, Inc., 10150 Mallard Creek Road, Suite 500, Charlotte, NC 28262 (“Sponsor”). The Entry Period will start on September 1, 2021 at 11:00:00 AM Eastern Time (“ET”) and end on November 21, 2021 at 11:59:59 PM ET (“Entry Period”). Sponsor will be the official timekeeper for this Giveaway. By entering this Giveaway, each entrant fully and unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of Sponsor which shall be final and legally binding.
Void where prohibited or restricted by law.
: This Giveaway is open only to persons who are a legal resident of one of the Continental United States (EXCLUDING RESIDENTS OF ALASKA AND HAWAII WHO ARE NOT ELIGIBLE TO ENTER)
or the District of Columbia; age 21 or older at the time of entry in this Giveaway; (each, an “Entrant”). Employees, Officers and Directors of Sponsor,Keurig Dr Pepper Inc.,
and their respective affiliates or subsidiaries(collectively, “Giveaway Entities”), their advertising agencies, and immediate family members (defined as spouse, domestic partner, children, siblings, parents, grandparents, grandchildren and step family members) and/or people living in the same household (related or not) of each are not eligible to enter.By entering this Giveaway, each Entrant fully and unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of Sponsor which shall be final and legally binding.
Void where prohibited or restricted by law.
2. HOW TO ENTER
Entrants may Enter this Giveaway, during the Entry Period only, as follows:
(A) Go to the Entry Site: https://tasteoftailgate.com
(B) Complete the Entry form
(D) Click “submit” to Enter.
(A) Scan the QR code from branded signage or program booklet with your device to be taken to https://tasteoftailgate.com to Enter.
ALTERNATIVE METHOD OF ENTRY (“Mail-In entry”) -- NO PURCHASE NECESSARY TO ENTER OR WIN. Entrants may enter this Giveaway by doing the following:
(1) Complete a card with the required information- First name, Last name, email address
(2) Mail your completed Entry form or card to Retail Sports Marketing, Inc., PO Box 481964, Charlotte, NC 28269, ATTN: TAILGATE TOWN and include “Dr Pepper® Ultimate Mancave Makeover Sweepstakes 2021” on the outer envelope;
(3) Mail-In Entries must be postmarked during the Entry Period and received by Sponsor at the above address no later than 11:59:59 PM ET on November 21, 2021; (4) Full responsibility for the proper postage on mail-in Entries rests solely with Entrant (you);
(5) Mail-In Entries must be submitted by Entrant (you) and contain all required information;
(6) Sponsor is not responsible for any lost, late, damaged, incomplete, misdirected or illegible Mail-in Entries; and
(7) Proof of sending or submission will not be deemed to be proof of receipt of any Mail-in Entries by Sponsor.
Limit of one (1) Entry per person. Each eligible entry entered during the Entry Period is referred to as an “Entry.” SPONSOR will NOT notify any Entrant of an unsuccessful, void, deleted or invalid submission or Entry.
Giveaway Entities shall not be responsible for any costs or expenses incurred by any Entrant in Entering this Giveaway. Entries generated by a script, macro or other automated system or means will be disqualified. Entries that are incomplete, garbled, corrupted, illegible or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted as a valid Entry. SPONSOR is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which Entries will be disqualified. Tampering with the Entry process or operation of this Giveaway is prohibited and any Entries deemed by SPONSOR, in its sole discretion, to have been submitted in this manner will be void. Multiple Entrants are not permitted to share the same email address, purchase receipt, photo image, information or submission, validation, code / pin # or mail-in entry. Any attempt by any Entrant to Enter by using multiple/different email addresses, identities, telephone information, purchase information or receipt(s), photo image, registration, Entry form, validation(s), mail-in entries or any other methods will void that Entrant’s Entries and that Entrant will be disqualified. In case of a dispute over the identity of an Entrant, the authorized account holder of the email address used to Enter will be deemed to be the Entrant. “Authorized account holder” is defined as the natural person assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. All Entries become the sole and exclusive property of SPONSOR and will not be returned. Automated, bulk, or mechanically reproduced Entries or Entries submitted by third parties will not be accepted and will be disqualified. Giveaway Entities shall not be responsible for any costs or expenses incurred by any Entrant in connection with entering this Giveaway. The Judging Panel (defined below) reserves the right to reject or not consider any Entry in this Giveaway for any reason.
3. RANDOM DRAWING
: The random drawing will be held on or about November 22, 2021. The one (1) Entry drawn will be declared the potential “Winner.” Entrants are not required to be present to win. Odds of winning depend on the total number of eligible Entries received. AN ENTRANT IS NOT THE OFFICIAL WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
One (1) Five ThousandDollar ($5,000.00) Ultimate Mancave Makeover to be awarded as a $5,000.00 check to the winner. The ARV/MSRP stated represent Sponsor’s good faith determination of the retail value and is final and binding and cannot be challenged or appealed. The Prize is non- transferable, non- assignable, and no substitutions of the Prize will be made except. No more than the above stated Prize will be awarded. The use of any Prize manufacturer’s name or trademark in connection with the Prize is solely for the purpose of describing such Prize and is not intended to suggest any affiliation or sponsorship. All trademarks and trade names are the property of their respective owners. Income and other taxes on the Prize are the sole responsibility of the Winner.The total ARV of the Prize in this Giveaway is $5,000
. The ARV of the Prize represents Sponsor’s good faith determination, is final and binding and cannot be challenged or appealed. If any portion of the Prize is unclaimed, it will not be awarded. The Prize is non-transferable, non-assignable and not redeemable for credit or cash. Sponsor reserves the right to substitute any portion of the Prize for a prize (or part) of equal or greater value for any reason whatsoever, in its sole and absolute discretion. No more than the stated Prize will be awarded. Income and other taxes (federal, state and local) on the Prize are the sole responsibility of the Winner. THE WINNER IS ADVISED TO SEEK INDEPENDENT COUNSEL REGARDING THE TAX IMPLICATIONS OF ACCEPTING THE PRIZE. AN IRS TAX FORM 1099 WILL BE ISSUED TO THE WINNER FOR THE AMOUNT OF $5,000.
Odds of winning the Prize depend on the number of eligible Entries received during the Entry Period.
5. NOTIFICATION AND ACCEPTANCE OF PRIZE
: A representative of Sponsor or RSM will notify the potential Winner (based on the information in Entry) within three (3)
business days after the random drawing is held.The potential Winner must accept the respective prize by returning to Sponsor a completed and personally signed (a) IRS tax form W-9, and (b) Affidavit of Eligibility, Liability/Publicity Release
(except where prohibited by law) confirming such potential Winner’s compliance with these Official Rules and releasing the Released Parties from any liability in connection with such potential Winner’s Entry in this Giveaway and their acceptance, possession, use or misuse of the prize. In addition, the potential Winner and travel companion must consent to take, and must successfully pass, a background-check or they will be disqualified from receiving the prize. All of the ABOVE ITEMS must be COMPLETED BY the WINNERS AND returned to Sponsor within FIVE (5) days of Sponsor’s first notification attempt -- failure to do so will result in forfeiture of prize.
Sponsor will have no liability for any notification that is not received by a potential Winner for any reason. If, despite reasonable efforts by Sponsor, a potential Winner does not respond to the notification and accept prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit prize. If a potential Winner is found to be ineligible, has not complied with these Official Rules, declines the prize, or does not consent to or pass a background check (potential Winner and travel companion) such potential Winner will be disqualified and forfeit any prize in this Giveaway. If a potential Winner is disqualified or forfeits prize, the Sponsor may, but shall not be required to
, select an alternate potential Winner based on the criteria stated above in Section 4. AN ENTRANT IS NOT A WINNER OF THE PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
6. PUBLICITY RIGHT
S: Acceptance of the Prize constitutes permission (except where prohibited by law) from Winner for Sponsor and its designees to use Winner’s name, likeness, biographical information, photograph (whether still or in video), image, voice, address (city and state), Prize information and any statements, testimonial or remarks made about winning the Prize or entering this Giveaway in whole or part (“Attributes”) for advertising and promotional purposes and publicity in any and all media now or hereafter known or devised, throughout the world in perpetuity, without additional compensation, notification, permission or approval. Winner agrees to release SPONSOR and its designees from all claims arising out of such Attributes.
7. ENTRY CONDITIONS AND RELEASES
: By entering this GIVEAWAY, EACH ENTRANT AGREES
for Entrant and for Entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, Giveaway prize suppliers, and all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees and agents (collectively, “Released Parties
”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such Entrant’s entry in Giveaway and/or such Entrant’s acceptance, possession, use and/or misuse of the prize; and (B)
to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such Entrant’s entry in this Giveaway and/or Entrant’s acceptance, use and/or misuse of prize. Released Parties are not responsible for, and each Entrant hereby releases the Released Parties
from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete entries, entries not received by the time designated for the Entry Period; (ii) technical failures of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet; (iii) unauthorized human intervention in the Entry process or technical or human error which may occur in the administration of or processing of Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from Entrant’s entry in Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of entries. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to depiction of the prize or announcement of the Winner.
8. RELEASE OF CLAIMS (CALIFORNIA)
: Each Entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Giveaway. Such Entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims. Such Entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
9. DISQUALIFICATION/FORCE MAJEURE
: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prize or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, or any federal, state or local government law, order, or regulation, public health crisis, pandemic (e.g.Coronavirus/Covid-19),
order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure”
event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winner in a random drawing from all eligible, non-suspect Entries received as of the date specified in Section 3 herein, giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.
: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules (whether of State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
11. OFFICIAL RULES; WINNERS
To obtain these Official Rules or the Winner’s name, send a self-addressed, stamped envelope to Retail Sports Marketing, Inc., PO Box 481964, Charlotte, NC 28269, Attn.: Tailgate Town, Dr Pepper® Ultimate Mancave Makeover 2021. Please specify whether you request the Official Rules or names of the Winner. All such requests must be received by Sponsor by December 21, 2021.