OFFICIAL RULES
DR PEPPER/RALEY’S $1,000 TUITION GIVEAWAY SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. NEED NOT BE PRESENT TO WIN. VOID IN PUERTO RICO.
HOW TO ENTER: Go to the Website during the Sweepstakes Period. Complete the promotional registration process by filling out the registration form including your actual name and residential address, (as they appear on your driver’s license or government identification), date of birth, email address, telephone and a unique password. Then click “submit.”
No Automated Entries. You must fill out your own entry form without the use of any automated sweepstakes entry filling services or form filling services. The use of any automated, programmed, robotic or similar system to enter is prohibited and will result in disqualification. Entries filled out by anyone other than you will be disqualified. Auto entries prohibited.
THE DRAWING: Winners will be selected by random drawing from eligible entries. Odds of winning depend on the number of eligible entries received.
DATES:
Start Date: 12:00:01 AM Pacific Time (PT) October 14,2009
End Date: 12:00:01 AM PTNovember 11, 2009
Sweepstakes Period: Start Date through End Date
Entry Deadline: 12:00:01 AM PTNovember 11, 2009
Prize Claim Deadline: 12:00:01 AM PTNovember 16, 2009
Winners List Request Deadline: 12:00:01 AM PTDecember 1, 2009
PRIZE NOTIFICATION: Winners will be notified by email, phone and/or mail within 1 week of the drawing. If after a reasonable number of attempts during a day (as determined by Dr Pepper/Seven Up, Inc. (“Sponsor”) or (Raley’s in its sole discretion) contact is not made with winner, prize will be forfeited and an alternate winner selected. Winner may be required to sign an affidavit of eligibility and release of publicity/liability (“Affidavit”) within the time period specified by Sponsor or Raley’s or in the letter accompanying the Affidavit (“Prize Letter”) or prize will be forfeited. If mail is returned as undeliverable without a forwarding address, then prize may be forfeited. An alternate winner for forfeited prizes may be selected at Sponsor’s sole discretion. Prize will be awarded upon receipt of Affidavit, and verification of prize winner. Any required Affidavits or other documents must be signed by parent/legal guardian of a minor in his/her state of residence.
LIMIT ON ENTRIES: One (1) entry per day.
LIMITON PRIZES: Limit of one other prize (valued at $600 or more) allowed per person/account per 12 consecutive month period in any promotion sponsored by Sponsor or any of its affiliated companies.
Odds are based on the total number of eligible entries entered during the Sweepstakes Period.
ELIGIBILITY: Open to legal residents 18 or older of California and Nevada in one of the following counties: (Alameda, Alpine, Amador Butte, Calaveras, Carson City, Churchill, Colusa, Contra Costa, Del Norte, Douglas, El Dorado, Elko, Fresno, Glenn, Humboldt CA, Humboldt NV, Lake, Lassen, Madera, Mariposa, Marin, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Washoe, Yolo, Yuba). You are also not eligible if you or any member of your immediate family or household (whether or not related) is (A) an employee, officer or director of (1) Sponsor, its bottlers or distributors, Raley’s, Scholarship America, their respective parent, affiliated and subsidiary companies (collectively, the "Sweepstakes Parties"), (2) any of the Sweepstakes Parties’ other promotional partners, advertising or promotions agencies, suppliers of Sweepstakes materials, internet promotion developers, judging or administration organizations, or auditing or legal firms and other parties engaged in the production, promotion, administration or execution of the Sweepstakes (“Sweepstakes Providers”), or (B) an owner/operator or person responsible for purchasing or promotion decisions at retailers that sell Sponsor products. “Immediate family” means parents, children, stepparents, stepchildren, siblings, stepsiblings and spouses, whether or not living at the same residence.
PRIZES: 5 Prizes: $1,000 scholarship/educational grants
(a) a scholarship/educational grant valued at $1,000.00 (“Prize”) to cover college or postsecondary vocational institution tuition, fees, books, supplies, equipment, related educational expenses and room and board to be awarded in the form of a check distributed to the school and located in the United States on behalf of the Winner or Winner’s designee; or
(b) a check for $1,000.00 to pay off student loans incurred by the winner in (a) above in the form of a co-payable 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 $1,000.00.
SCHOLARSHIP AWARDS: All scholarship/educational prize awards will be administered and managed 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 and checks for the full amount will be sent to the institution designated by the Winners. Any unused funds at the conclusion of the students’ educational experience may be returned to the students to do with as he or she chose. Taxes on the portion of the award not used for educational purposes are the responsibility of the recipient.
Award amounts may be applied to educational loans. Payments made for this purpose will be payable to the loan servicing company for the student. (Award may be considered taxable and Form 1099-Miscellaneous Income will be issued.)
At the request of the recipient (i.e., the initial scholarship award winner), he/she may designate that the scholarship fund proceeds be held at Scholarship America 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 America of his/her intent to gift the award proceeds to the designee. Scholarship America will create an account for the designee and set aside the funds until such time as the designee notifies Scholarship America that he/she is ready to use the funds for eligible education-related expenses. If the designee is under age 18, these funds may be held until the designee is 18. Once the designee reaches 18 or is already 18, these funds will be held until the designee reaches his or her 24th birthday. Any unused funds at the conclusion of this period may be returned to the students to do with as he or she chooses, however, taxes on the portion of the award not used for educational purposes are the responsibility of the recipient. The scholarship award proceeds shall be transferred one time only. The initial scholarship 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 America shall not transfer the scholarship award proceeds to the designee until such time as the identifying information is verified by the designee and to the satisfaction of Scholarship America. The initial scholarship award winner shall be responsible for completing and filing the required Gift Tax Forms with the Internal Revenue Service.
LIMITON PRIZES: Limit of One (1) Prize per person.
GENERAL CONDITIONS: By participating, you accept and agree to abide by the Official Rules and all decisions of Sponsor and its judging and administration organizations, which are final and legally binding in all respects. Substitution or transfer to a third party of all or any part of prize is permitted. If, for any reason, a prize cannot be awarded or winner is not capable of redeeming a prize, Sponsor is not obligated to award it and Sponsor 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. Sponsor further reserves the right for any reason, in its sole discretion, to award the cash value of a prize in lieu of awarding the stated prize. If, for any reason, more prizes are available or claimed than the stated number, Sponsor reserves the right to randomly draw winners from eligible prize claimants in such prize category. Winners are solely responsible for all federal, state and local taxes, if any, on prizes and any expenses not specifically awarded in the Official Rules. Non-compliance with these Official Rules may result in disqualification. You are not a winner unless and until (A) you have fully complied with the Official Rules and (B) all verification and award processes have been completed. Acceptance of prize constitutes permission for Sponsor and its designees to use winner’s name and/or likeness for purposes of advertising and promotion in any medium, without further compensation, except as prohibited by law.
WINNERS LIST: For a list of winners, mail a self-addressed stamped envelope to Dr Pepper/Raley’s $1,000 Tuition Giveaway/Winners List, 701 Gateway Blvd, Suite 101, South San Francisco, CA 94080. Mail must be received by the Winners List Request Deadline. List will be sent once all prizes have been awarded.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE SWEEPSTAKES AND ARE PART OF THE FULL OFFICIAL RULES.
RELEASE OF LIABILITY: BY ENTERING THE SWEEPSTAKES, YOU HEREBY AGREE THAT IN NO EVENT WILL SPONSOR OR ANY OTHER RELEASEE BE RESPONSIBLE OR LIABLE FOR, AND YOU HEREBY RELEASE THEM FROM, ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSE OR LIABILITY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND COUNSEL FEES AND COURT COSTS) ARISING OR RESULTING FROM ANYTHING RELATING TO:
· THE PRODUCTION, PROMOTION, ADMINISTRATION OR EXECUTION OF THE SWEEPSTAKES (OR YOUR PARTICIPATION IN IT);
· CANCELLATION, MODIFICATION OR RESCHEDULING OF ANY ASPECT OF THE SWEEPSTAKES;
· USE OF ANY WEB SITE(S) RELATED TO THE SWEEPSTAKES OR MATERIALS ON THE WEB SITE;
· ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE; OR
· PARTICIPATING IN OR TRAVELING TO ANY SWEEPSTAKES-RELATED ACTIVITY.
“RELEASEES” MEANS SPONSOR, ALL SWEEPSTAKES PARTIES, SWEEPSTAKES PROVIDERS AND ALL OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS AND AGENTS.
LIMITATIONS: Neither Sponsor nor any other Releasee is responsible for:
· lost, late, damaged, incomplete, illegible, stolen, misdirected, or postage due mail, shipping or email;
· any website, computer, telephone, satellite, cable, network, Internet or other
equipment, electronics, software, service, transmission, connection, processing or other errors, failures, congestion, accessibility or availability issues;
· unauthorized access, tampering, hacking, theft or destruction; or
· other technical or human error in the receipt or processing of entries, game piece requests or other submissions (whether to or from) or otherwise related to the production, promotion, administration or execution of the Sweepstakes.
TAMPERING/VIOLATIONS/DISRUPTION: Sponsor may, in its sole determination, disqualify any person it believes may be tampering with the entry or other operation of the Sweepstakes or acting in violation of the Official Rules, in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
CANCELLATION/MODIFICATION: Sponsor may, in its sole discretion, cancel, terminate, modify or suspend the Sweepstakes if the Sweepstakes is not capable of running as Sponsor planned for any reason (including, but not limited to, due to tampering, unauthorized intervention, computer virus, fraud, technical or human error or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or intended conduct of this Sweepstakes).
EMAIL ACCOUNT HOLDER: If the holder of an email account is disputed, entry will be deemed made by the natural person who is assigned to the e-mail address by the internet access provider, online service provider or other organization (e.g., business, school, etc.) that assigns e-mail addresses for the domain associated with the e-mail address.
NO PRIZE WARRANTY: WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OF IMPLIED WARRANTIES. CHECK YOUR LOCAL LAWS. SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
DISPUTES: SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS. IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY CLAIM SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN TEXAS. FORUM AND VENUE FOR ANY ARBITRATION PROCEEDINGS WILL BE IN COLLINCOUNTY, TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES SET FORTH IN THESE RULES, BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEY'S FEES OR COSTS OF BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.
