“2017 DEW TOUR SWEEPSTAKES” AT MARCUS THEATRES® OFFICIAL RULES
NO PURCHASE OR PROOF-OF-PURCHASE NECESSARY AND NO ENTRY FEE OR PAYMENT OF ANY KIND NECESSARY TO PARTICIPATE IN SWEEPSTAKES. SWEEPSTAKES OPEN ONLY TO LEGAL RESIDENTS OF THE U.S., RESIDING IN THE STATE OF IL, IA, MN, MO, NE, ND, OH or WI, WHO ARE 18 YEARS OF AGE (19 in NE) OR OLDER AT TIME OF ENTRY. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT A LEGAL U.S. RESIDENT. VOID WHERE PROHIBITED.
- HOW TO ENTER: Sweepstakes begins June 29, 2017, at 12:00:00 a.m. ET and ends August 24, 2017, at 11:59:59 p.m. ET (the "Sweepstakes Period"). THERE ARE TWO (2) WAYS TO ENTER:
- To enter the Sweepstakes via text message, use your mobile phone to text “DANNY” to 68339, during the Sweepstakes Period, to receive one (1) entry in the Sweepstakes. Participants must have a mobile phone with text messaging capabilities to enter by text message. Participants entering this Sweepstakes via text message may incur a standard text message and data charge from their wireless service provider for each message sent and received. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate. By entering this Sweepstakes via text messaging the entrant is consenting to receive up to three (3) text and phone messages regarding the Sweepstakes. Message and data rates may apply.
- To enter without making a purchase and/or sending a text message, go online, toMarcusDewTourSweeps.com (“Website”) during the Sweepstakes Period, and follow the on-screen instructions to properly register and submit an online entry. Entrants will be asked to provide their first name, last name, age, email address, mailing address and phone number and will be asked to agree to the Official Rules.
Proof of submitting an entry does not constitute proof of delivery. All entries become the property of Sponsor and will not be returned to entrant. Every entry must be manually keystroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or game service) will be disqualified and transmissions from these or related e-mail or IP addresses may be blocked.
Limit one (1) entry per day per person/email address/mobile phone number regardless of entry method. A “Day” is defined as a 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.
The person submitting the Sweepstakes entry must be the authorized account holder/user of the mobile phone number/email address; otherwise entry shall be deemed void. In the event of dispute over the identity of a potential winner, entries will be declared made by the registered user of the phone number/email address used at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder/user of the mobile phone number/email address submitting the entry. It is solely the responsibility of the entrant to notify the Pepsi-Cola Company in writing if the entrant changes his or her phone number/email address during the Sweepstakes Period.
IMPORTANT: Proof of sending a text message is not proof of delivery to or receipt by Sponsor. You may, at any time, choose to stop participating in this Sweepstakes by sending an opt-out text message stating “STOP” to 68339. If you send a text message stating “HELP” to 68339, you will be sent a reply text message, which will include contact information for customer support for the Sweepstakes. You can also visit the Website for contact information for customer support for the Sweepstakes.
- ELIGIBILITY: Open only to legal residents of the state of IL, IA, MN, MO, NE, ND, OH or WI who are 18 years of age (19 in NE) as of the time of entry. Employees of The Marcus Corporation, Pepsi-Cola Company and its bottlers, and each of their respective parents, subsidiaries, divisions, affiliates, distributors, suppliers, and advertising, promotional or judging agencies (collectively, "Sponsor and Promotion Parties"), and the immediate family members (spouse, parent, step-parent, sibling, step-sibling, half-sibling, child, or step-child) of such employees and/or persons living within the same household as such employees are not eligible to win. If potential prize winner is a minor, prize may be awarded to the minor's parent or legal guardian who must assume all responsibilities of prize winner.
- PRIZES: One (1) Grand Prize will be awarded, consisting of a trip for winner and one (1) guest to Breckinridge, Colorado to attend Dew Tour scheduled to occur on or about December 14, 2017. Grand Prize includes round-trip coach air transportation for winner and one (1) guest from an airport nearest the winner’s home within the continental U.S. to an airport in the Breckinridge, Colorado area, one (1) double occupancy standard hotel room for three (3) nights, two (2) tickets to the Dew Tour, two (2) tickets to a Dew Tour party, and two (2) commemorative gift bags, and $300 for ground transportation. Estimated Retail Value: up to $5,000, depending upon winner’s point of travel origin. If Grand Prize winner resides within 150 miles of Breckinridge, Colorado, ground transportation may be substituted in lieu of air transportation at the sole discretion of Sponsor. Selection of airline, hotel and event seating assignment is at Sponsor’s sole discretion. All other expenses not specifically mentioned herein are solely the responsibility of winner and guest. Sponsor will specify travel dates and all travel must be taken on dates specified; no alternative travel dates are available. All travel subject to availability and restrictions. Winner and guest must travel on same itinerary. Minor children may accompany winner as travel guest only if minor’s parent or legal guardian is the winner. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled events (including the Dew Tour, the Dew Tour party and/or airline flights) beyond its control. Travel guest must sign and return a travel release before any ticketing or travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g. a valid U.S. driver’s license) required for travel within the United States.
Limit one (1) Grand Prize per person/email address/mobile phone number regardless of entry method.
- PRIZE DRAWING: Prize winners will be selected in a random drawing from among all eligible entries received. Drawing will be held on or about August 29, 2017, and will be conducted by an independent judging organization. All decisions of the judges shall be final. Odds of winning depend upon the number of eligible entries received. Limit one (1) prize per person/email address/mobile phone number.
- WINNER NOTIFICATION: Potential Grand Prize winner will be notified by phone and he/she will be required to respond to a phone call within seventy-two (72) hours in order for Sponsor’s independent judging agency to capture winner’s name and address, or the Grand Prize will be forfeited and awarded to an alternate winner to be selected in a second random drawing to be conducted shortly thereafter from among all remaining eligible entries received during the Sweepstakes Period. Sponsor and Promotion Parties are not responsible for suspended or discontinued wireless service that may result in a potential winner not receiving initial prize notification. Sponsor is not responsible for any change in entrant's mailing address, email and/or telephone number. Any winner notification returned as undeliverable without a forwarding address will result in prize forfeiture and an alternate potential winner may be selected from among all remaining eligible entries received. Grand Prize winner may be required to sign and return an Affidavit of Eligibility/ Liability Release with (where lawful) a publicity release within five (5) days of attempted winner notification as indicated by the date on the Affidavit. If attempted prize notification is (i) returned as undeliverable or if any required documents are not returned within the required number of days; (ii) if the winner is unable to attend on the dates specified; or (iii) if winner cannot be verified or is otherwise unable to accept the prize as stated or rejects the prize for any reason, prize will be forfeited and may be awarded to an alternate potential winner selected from among all remaining eligible entries received as time permits. Unless otherwise noted, allow up to two (2) weeks for delivery of prizes by mail following completion of notification process. Prizes will only be delivered to addresses within the United States. Sponsor and Promotion Parties are not responsible for any change in entrant's mailing address and/or telephone number.
- GENERAL: Prizes will be awarded and/or delivered only to addresses within the United States. Unclaimed Grand Prize will not be awarded. Except as determined by Sponsor in its sole discretion, no substitution of prize is offered, no transfer of prize to a third party is permitted, and non-cash prizes may not be redeemed for cash value (unless at the sole discretion of Sponsor). Any difference between the approximate prize value and the actual prize value will not be awarded. Prize winners will be solely responsible for all applicable federal, state and local taxes on prizes. If applicable, winners may 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.
- PUBLICITY: Where permitted by law, by participating in the Sweepstakes, entrant grants Sponsor and Promotion Parties, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies, and those acting pursuant to their authority, the right to print, publish, broadcast, and use any materials submitted by entrant in connection with the Sweepstakes as well as the entrant's name, portrait, picture, likeness, voice, statements attributable to him/her, city and state of residence, and other biographical information for advertising and promotional purposes throughout the world in any and all media now known or existing at any time in the future, without further approval, notification, or compensation.
- CONDUCT: By entering this Sweepstakes, entrants agree to be bound by these Official Rules, which are a contract and include limitations of rights and remedies, and the decisions of Sponsor that shall be final and binding in all respects. The Official Rules will be available online on the Website throughout the Sweepstakes Period. 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 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.
- LIMITATIONS OF LIABILITY: PRIZES ARE AWARDED “AS IS, WHERE IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE. 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) ANY INJURY OR DAMAGE TO PARTICIPANTS OR TO ANY OTHER PERSON'S PHONE WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE SWEEPSTAKES. IF, FOR ANY REASON, THE SWEEPSTAKES IS NOT CAPABLE OF RUNNING AS PLANNED FOR REASONS WHICH MAY INCLUDE, WITHOUT LIMITATION, 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. THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. 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 PARTICIPANT'S ACTUAL OUT-OF-POCKET EXPENSES (E.G. COSTS ASSOCIATED WITH ENTERING), AND PARTICIPANTS FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
- RELEASE AND INDEMNIFICATION: ALL ENTRANTS, AS A CONDITION OF ENTRY INTO THE SWEEPSTAKES, AGREE TO FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD HARMLESS THE NFL ENTITIES, THE 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 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 THEIR PRIZE AFTER IT HAS BEEN DELIVERED.
- GRAND PRIZE WINNER’S NAME REQUEST: For the name of the winner, send a self-addressed, stamped envelope before November 24, 2017 to: 2017 Dew Tour Sweepstakes at Marcus Theatres Winner’s List Request, PO Box 511088, New Berlin, WI 53151.
- SPONSOR: Pepsi-Cola Company, Purchase, NY 10577.
Marcus Theatres is a registered trademark of The Marcus Corporation.
PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc.
MTN DEW, the MTN DEW logo, the MTN DEW landscape and DO THE DEW are registered trademarks of PepsiCo, Inc.