Penn Station – Win a $7,050 trip for 2 to baseball’s big midseason game in Cincinnati, Ohio from Pepsi and Penn Station by May 31, 2015!
PENN STATION® SWING FOR THE STARS SWEEPSTAKES
ENDS AT 11:59:59 PM ET on May 31, 2015
The Sweepstakes is offered only to legal residents of West Virginia, Ohio,
Illinois, Indiana, Kentucky and Missouri (the “Territory”) who are at least 18 years of age
at the time of entry.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF WEST VIRGINIA, OHIO, ILLINOIS, INDIANA,
KENTUCKY AND MISSOURI WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.
1. SWEEPSTAKES TIMING:
The Sweepstakes begins at 12:00 AM Eastern Time (“CT”) on
May 1, 2015 and ends at 11:59:59 PM ET on May 31, 2015
The Sweepstakes is offered only to legal residents of West Virginia, Ohio,
Illinois, Indiana, Kentucky and Missouri (the “Territory”) who are at least 18 years of age
at the time of entry.
3. HOW TO ENTER THE SWEEPSTAKES:
During the Sweepstakes Period there are three (3) ways
to enter the Sweepstakes:
A. Text Message: During the Sweepstakes Period an entrant may visit a participating Penn
Station store and purchase any sandwich, fresh-cut French fry, or Pepsi product to obtain an
entry code that will be printed on his/her cash register receipt (“Entry Code”). Using an SMS-
enabled mobile device, an eligible entrant must send the Entry Code as a text message to the
short code “49798” (“Text Entry”). Once the text message is received, the entrant will be sent
two (2) follow up text messages confirming his/her entry into the Sweepstakes which will include
the option to opt-in to receive marketing text messages from Sponsor. No more than four (4)
messages will be sent per month. An entrant is not required to opt in to receive marketing text
messages and it will have no impact on an entrant’s opportunity to win a prize. NOTE: Proof of
text message submission does not constitute proof of delivery or receipt of the text message.
Each Entry Code may only be used once by an individual entrant to enter the Sweepstakes.
IMPORTANT: Message and data rates may apply for each text message sent or received. Not all mobile telephone providers carry the service necessary to participate in this Sweepstakes. Entrants should consult their wireless provider’s pricing plans. An entrant may, at any time, choose to stop participating in this Sweepstakes by sending an opt-out text message stating “STOP” to the Short Code. If an entrant sends an opt-out text message, he/she will be sent a reply text message, which will confirm that he/she has been unsubscribed and will receive no further text messages. For help, text the word “HELP” to the Short Code. Each Text Message Entry must be manually key-stroked/entered by the entrant.
B. Online: An eligible entrant may logon to www.penn-station.com/sweepsteaks (“Website”)
and complete and submit the on-line registration form by providing the information requested by Sponsor, which may include, but is not limited to, full name, valid e-mail address, and ZIP Code, to obtain one (1) entry into the Sweepstakes.
C. Mail-In Entry: An eligible entrant may hand-write his/her complete name (no initials), valid e-
mail address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, and date of birth (MM/DD/YYYY) on a 3½”x5” card (“Mail-In Entry”) and mail it with sufficient postage to: Powers Agency, 1 West 4th Street, 5th Floor, Cincinnati, Oh 45202. All Mail-In Entries must be postmarked no later than June 1, 2015, and received on or before June 9, 2015, in order to be eligible.
Mail-In Entries must be legibly hand-written by entrant. Mechanical reproductions, postage-due, Mail-In Entries mailed in an envelope or sent in excess of the entry limits set forth below will not be accepted. Mail-In Entries received without a verifiable and legible return address will be deemed incomplete and not valid entries
Entry Limit: Regardless of the method of entry used, there is a limit of one (1) entry per person per day. If more than one (1) entry is received from the same person, telephone number and/or e-
mail address in a day, only the first entry received may be considered valid. A “day” is defined as starting at 12:00 AM (midnight) ET and ending at 11:59:59 PM ET on a calendar day during the Sweepstakes Period.
4. RANDOM DRAWING:
On or about June 9, 2015, Administrator will select one (1)
potential “Grand Prize Winner” from among all eligible entries received during the
Sweepstakes Period. Each winner is deemed to be a potential winner, pending
verification of the entrant’s eligibility and compliance with these Official Rules as
determined by Sponsor or Administrator, in their sole and absolute discretion.
5. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A. Grand Prize (1):
One (1) Grand Prize Winner will receive a four (4) day/three (3) night trip for
the Grand Prize Winner and one (1) guest to Cincinnati, Ohio between July 12, 2015 and July
15, 2015 (“Trip”), two (2) tickets to the baseball game, selected souvenirs and commemorative
gift bags (in Sponsor’s sole discretion), $650 stipend for some travel expenses (e.g. Additional
transportation needs, food, collectibles/souvenirs, etc.) awarded in the form of a check made
payable to the Grand Prize Winner. Trip includes three (3) nights standard hotel
accommodations at a hotel selected by Sponsor (one room, double occupancy); two (2) tickets to the game; ground transportation stipend (in the form of a check); and two (2) commemorative gift bags. The ARV of the Grand Prize is $7,050. The actual value depends on city of departure and fluctuations in airfare charges and hotel rooms. Any difference between the actual value and the stated ARV will not be awarded.
The Grand Prize Winner must be capable of taking the Trip between July 12, 2015 and July 15,
2015, or the Grand Prize will be forfeited and awarded to another Grand Prize Winner, time
The guest must be at least 18 years old. The guest must also sign a Liability & Publicity Release (where permitted by law) within the time period stated in the potential Grand Prize Winner’s winner notification e-mail and/or supporting documentation.
Travel is subject to the restrictions and conditions set forth below. All Trip-related travel
arrangements will be administered by Sponsor’s authorized designee. All travel must be booked
prior to departure. Travel is subject to capacity controls, availability, weather, seasonal
influences, and certain other restrictions, all of which are subject to change. The Grand Prize
Winner and his/her guest will be required to travel on identical itineraries including the same
departure date and return date. Air transportation and hotel accommodations must be taken
together and cannot be taken separately. No changes will be made to travel details once any
element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion.
All airline tickets issued in conjunction with the Trip are not eligible for upgrades, frequent flyer
miles or any other promotional benefit. Sponsor will not replace any lost or stolen tickets
(including any event tickets or admission passes), travel vouchers or certificates or similar items
once they are in the Grand Prize Winner’s possession or in the possession of the guest. Once
hotel has been confirmed, no changes will be allowed except by Sponsor in its sole discretion.
Travel is subject to the terms and conditions set forth in these Official Rules and those set forth
by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such
supplier. If the Grand Prize Winner elects to travel or partake in Trip with no guest, no additional
compensation will be awarded to the Grand Prize Winner.
All costs and expenses not specifically included herein are solely the Grand Prize Winner’s responsibility, as are all applicable federal, state and local taxes. The Grand Prize Winner and guest are solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification). The Grand Prize Winner and guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Trip.
The Grand Prize Winner and his/her guest are responsible for all in-room charges (e.g., minibar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities and any other fees and expenses not specifically mentioned in these Official Rules. The Grand Prize Winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card.
Sponsor bears no responsibility if any event, element or detail of the Trip is canceled,
postponed or becomes unavailable for any reason. Should any event, element or detail of the
Grand Prize become unavailable, the Sponsor shall have no obligation to Grand Prize Winner
aside from providing the remaining portion of the Grand Prize, minus any unavailable event,
element or detail. Sponsor is not responsible in the event the Grand Prize Winner and/or guest
is denied entry into the Tailgate or Event or is removed or barred from any ticketed event
location for any other reason, and no further compensation or award will be provided to Grand
B. Total ARV: The total ARV of all prizes available in this Sweepstakes is $7,050.
C. Odds of Winning: The odds of winning a prize depend on the number of eligible Sweepstakes
entries received during the Sweepstakes Period.
D. Prize Conditions: All sizes, styles, makes, and models of any prize components are
determined by Sponsor in its sole discretion. Each Penn Station gift certificate is subject to the
terms and conditions set forth thereon. The use of a gift certificate constitutes the user’s
acceptance of the gift certificate’s terms and conditions. Winner should read the terms and
conditions on the gift certificate carefully. Gift certificate may not be redeemed or exchanged for
cash, except where required by law. Gift certificate will not be replaced or replenished if it lost,
stolen, damaged, destroyed or used without a winner’s permission and will be voided if altered
All costs and expenses not specifically included herein are solely each winner’s responsibility. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure. Prizes are not redeemable for cash, nor are they transferrable. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes, if any, for any prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Limit one (1) prize per person/household.
6.HOW TO CLAIM A PRIZE:
Each potential winner will be notified via e-mail by Sponsor or its
authorized designee at the telephone number (if entered via Text Entry) or e-mail address provided
at the time of entry on or about June 9, 2015. Before being declared a winner, each potential
winner will be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax
acknowledgment (“Affidavit”) sent with the e-mail notification. Each potential winner must return a
fully executed and notarized Affidavit to the Sponsor or its authorized designee within ten (10)
calendar days from the date it is postmarked as being sent to the potential winner or the prize may
(in Sponsor’s sole discretion) be forfeited. If a potential winner is disqualified, found to be ineligible
or not in compliance with these Official Rules, declines to accept a prize, or in the event that a
potential winner fails to return an executed and notarized Affidavit within the ten (10) calendar day
deadline, his/her prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited prize may
be awarded to an alternate winner, selected in a random drawing from among all remaining eligible
entries, as determined by Sponsor in its sole discretion, time permitting.
Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not
responsible for any undelivered e-mails, including without limitation e-mails that are not received
because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail,
including any winner notification e-mail, to a spam or junk folder. The right to receive a prize is non-
assignable, non-transferable and no prize substitution or exchange will be allowed, except by
Sponsor, who reserves the right to substitute a prize of equal or greater value in case of
unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Upon verification of eligibility of the Grand Prize Winner, Sponsor, or its designee will contact the Grand Prize Winner to coordinate travel. Sponsor will attempt to mail the First Prize and Second Prize approximately 6 – 8 weeks from verification of each winner’s eligibility. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason. Each prize will only be awarded to a verified winner.
7.LIMITATION OF LIABILITY:
By participating in this Sweepstakes, entrants agree that the
Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives,
consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and
marketing agencies, website providers and each their respective officers, directors, stockholders,
employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i)
lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or
postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or
software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled
transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any
technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including
entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules;
(iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released
Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and
hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of
action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without
limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes,
including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s
entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party
privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel
related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use,
loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or
any component thereof); (d) any change in the prizing (or any components thereof); (e) human
error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released
Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or
(h) the negligence or willful misconduct by entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the
right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes
and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair
and reasonable, including the selection of a winner from among eligible entries received prior to
such cancellation, termination, modification or suspension. In no event will more prizes be awarded
than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical
or other errors, there are more winners than are stated in these Official Rules, a random drawing
among the claimants will be held to determine the winners. If for any reason, including but not
limited to an administrative, printing, production, computer or other error or due to technical
difficulties or incorrect announcements of any kind, more winning messages are distributed, or more
prizes are claimed than are intended to be awarded according to these Official Rules, the intended
prizes will be awarded in a random drawing from among all verified prize claims received.
Without limiting the foregoing, everything regarding this Sweepstakes, including the prizes, is
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.
IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH
DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND
BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION
IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT
VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN
ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE
EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS
BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND
COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL
DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE,
EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER
SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR
SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE
RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR
ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY
FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE
(1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Any personally identifiable information collected during an entrant’s
participation in this Sweepstakes will be collected by Sponsor or its agent and used by Sponsor, its
affiliates, agents, and marketers for the sole purposes of the proper administration and fulfillment of
as stated at http://www.penn-station.com/privacy.php, and any opt-ins the entrant may have elected
during the entry process.
10. PUBLICITY RIGHTS:
By participating in the Sweepstakes and/or accepting a prize, each entrant
agrees to allow the Sponsor and/or the Sponsor’s designee the perpetual right to use his/her name,
address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or
statements regarding the Sweepstakes and/or Sponsor for promotion, trade, commercial,
advertising and publicity purposes, at any time or times, in all media now known or hereafter
discovered, including, but not limited to, live television, worldwide, on the World Wide Web and
Internet, without notice, review or approval and without additional compensation, except where
prohibited by law.
Any attempted form of participation in this Sweepstakes other than as described
herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or
suspected, in their sole and absolute discretion, to be tampering with the operation of the
Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike
manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form
of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered
that a person has registered or attempted to register more than once using multiple phone
numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy
servers, or like methods, all of that person’s entries will be declared null and void and that person
will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic,
automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will
void any attempted participation effected by such methods and the disqualification of the individual
utilizing the same. Entrants and/or potential winners may be required to provide proof of
identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to
the identity of a winner, the winning entry will be declared made by the authorized account holder of
the e-mail address submitted on the registration form associated with such entry. “Authorized
account holder” is defined as the natural person who is assigned to an e-mail address by an
Internet access provider, online service provider or other organization (e.g., business, educational
institution) that is responsible for assigning e-mail addresses for the domain associated with the
submitted email address. Each entrant may be required to show proof of being an authorized
account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH
PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY
LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion
thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof
shall be modified or deleted in such manner as to render the remaining provisions of these Official
Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official
Rules or the prize documents will not affect the validity or enforceability of any other provision. No
entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any
term of these Official Rules shall not constitute a waiver of that provision and such provision shall
remain in full force and effect. All entries and/or materials submitted become the property of
Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details
contained in these Official Rules and Sweepstakes details contained in any promotional materials
(including but not limited to point of sale, television and print advertising, promotional packaging and
other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall
12. WINNERS LIST:
For a list of winners, send a self-addressed, stamped business size envelope to:
Powers Agency, 1 West 4th Street, 5th Floor, Cincinnati, OH 45202. Winners List requests
must be received no later than July 1, 2015.