Dr Pepper Kroger – College Tuition Giveaway G5 – Win Tuition Award (ARV $5000)

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OFFICIAL RULES
2022 DR PEPPER/KROGER®
COLLEGE TUITION GIVEAWAY G5
2-WAY TEXT MESSAGE CAPABLE PHONE AND DIGITAL SERVICE 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: 2022 Dr Pepper/Kroger®
College Tuition Giveaway G5 (the “Promotion”)
Sponsor: Dr Pepper/Seven Up, Inc. 6425 Hall of Fame Lane, Frisco, TX 75034
Account: The Kroger Co.
Administrator(s): Innovative Processing, Inc. PO Box 240, Clear Lake, MN 55319
Upland Software, Frost Bank Tower, 401 Congress Ave, Ste. 1850, Austin, TX 78701
Eligible States: Alabama, Arkansas, Florida, Georgia, Mississippi, South Carolina, Tennessee,
Virginia, West Virginia
Minimum Age: Must be at least 18 or older at time of participation
DATES:
Start Date: 12:00am Central Time (“CT”), November 1, 2022
End Date: 11:59pm CT, December 6, 2022
Entry Receipt Deadline: 11:59pm CT, December 6, 2022
Promotion Period: Start Date through End Date
Drawing Date: December 7, 2022
Winners List Request Deadline: January 31, 2023
ADDRESSES:
Text Address: CHEER to 737737
Free Entry Address: 2022 Dr Pepper Kroger College Tuition Giveaway G5 Entry
PO Box 6000, Dept. G5 Clear Lake, MN 55319
Winners List Address: 2022 Dr Pepper Kroger College Tuition Giveaway G5 WL
PO Box 240, Dept. G5 Clear Lake, MN 55319
PRIZE:
1 Grand Prize: $5,000 College Tuition Award (ARV $5,000)
FURTHER PRIZE DESCRIPTIONS/TERMS:
GRAND PRIZE TUITION/EDUCATIONAL GRANTS: $5,000 (five thousand dollars) tuition/educational grant payable as
follows:
(a) as tuition to cover 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 17 years of age (“Designee”); or
(b) to pay off student loans 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
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 and checks for the full amount will be sent to the institution designated by the Winners. Any
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unused funds at the conclusion of the students’ educational experience may be returned to the students to do with as he
or she chooses. Taxes on any portion 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 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 create an account for the Designee and
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 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 1099 will be issued to the winner. Any tax liability will be the responsibility of the winner.
Winners (and/or their Designees) have up to one (1) year (December 31, 2023) to use the Tuition Award or it will
be forfeited.
Any expense or item not specifically listed is the responsibility of winner.
HOW TO ENTER: During the Promotion Period, to enter:
TEXT CHEER to 737737 from your mobile phone. Requires 2-way text message capable phone and digital service.
For every text you send, you will receive 1 text reply back. Notice: Your mobile provider may charge you for each
text sent/received – please check with your service provider. Warning: message and data charges may apply.
For help send HELP to 737737. Send STOP to cancel. The Administrator responsible for the text portion of the
Promotion’s Terms and Conditions and Privacy Policy are available at https://uplandsoftware.com/privacy. 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.
FREE MAIL IN: On an official entry form or a 3″ x 5″ card, print your name, residential address, email, phone and age.
Mail in an envelope with proper postage to the Free Entry Address. Must be legible and complete. No copies. One
name on each entry and one entry per envelope.
ENTRY LIMITS: Entries must be received by the Entry Deadline. Limit 1 per day/20 total. You may not use more than one
name or residential 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. Limit of one prize per person/household for this promotion.
Administrator’s decisions as to the administration and the selection of the potential winners are final and binding in all
matters related to the drawing.
NOTIFICATION: Winners will be notified via the site, email, text, phone or mail. If you are a potential winner, you must
follow all of the Administrators’ instructions you receive within the time frame specified. If a potential winner does not claim
the prize in the manner required within the time period specified, the prize may be forfeited.
AFFIDAVIT/RELEASE: Winner 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.
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ELIGIBILITY: To enter you must be a U.S. legal resident of an Eligible State 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 redemption/recycling centers, or (B) owner/operator or person responsible for
purchasing or promotion decisions at retailers of Sponsor products.
“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, The Kroger Co., 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.
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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); 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.
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.
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ABBREVIATED RULES*
TEXT
NO PURCHASE NECESSARY. 2-WAY TEXT MESSAGE CAPABLE PHONE, DIGITAL SERVICE
REQ’D. Must be U.S. legal resident residing in AL, AR, FL, GA, MS, SC, TN, VA or WV, 18 or older,
Text CHEER to 737737 11/1/22-12/6/22. If you choose to participate via text message, for every text
you send, you will receive 1 text reply back. Notice: Your mobile provider may charge you for each
text sent/received. Warning: message and data charges may apply. For help send HELP to
737737. Send STOP to cancel. T&Cs & Privacy Policy at https://uplandsoftware.com/privacy. Entries
must be rec’d by and promotion ends 12/6/22. For Official Rules/mail-in entry, print your name,
residential address, email and phone on a 3×5 card & mail to: 2022 Dr Pepper Kroger College Tuition
Giveaway G5, PO Box 6000, Dept. G5, Clear Lake, MN 55319. Subject to full Official Rules. Void
where prohibited. Employees of Kroger are not eligible.
DR PEPPER is a registered trademark of Dr Pepper/Seven Up, Inc. ©2022 Dr Pepper/Seven Up, Inc.
Note that the following copy is only for extremely small spaces, such as banner ads, ads in in-store publications, social
media, etc.
NO PURCHASE NECESSARY. Must be US citizen legal resident, 18+. See Dr Pepper display at participating Kroger
Stores for details. Subject to full Official Rules.
We can also further abbreviate it as follows:
NO PUR. NEC. Must be US legal res. 18+. See Dr Pepper display at participating Kroger Stores for details. Sub. to full
Off. Rules.
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AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY
STATE OF _________________
COUNTY OF _________________
I, _____________________________________, hereby duly sworn say:
I am an adult, ____ years of age. I reside
at___________________________________________________________________________
(Residential Street Address – city, state and zip – no PO Box will be accepted)
My phone numbers are: Home(_____)____________ Cell:(_____)____________ Work:(______)___
My Email Address is: _____________________________________________.
My place of employment is: ________________________________________________.
Promotion: 2022 Dr Pepper/Kroger®
College Tuition Giveaway G5 (the “Promotion”)
Sponsor: Dr Pepper/Seven Up, Inc. 6425 Hall of Fame Lane, Frisco, TX 75034
Account: The Kroger Co.
Administrator(s): Innovative Processing, Inc. PO Box 240, Clear Lake, MN 55319
Upland Software, Frost Bank Tower, 401 Congress Ave, Ste. 1850, Austin, TX 78701
Eligible States: Alabama, Arkansas, Florida, Georgia, Mississippi, South Carolina, Tennessee,
Virginia, West Virginia
Minimum Age: Must be at least 18 or older at time of participation
Approximate Retail Value of Prize: $5,000.
I am submitting this Affidavit/Release for forwarding to Sponsor with the understanding that it will be relied on to confirm my eligibility in
the Promotion.
I represent that I am a U.S. legal resident of an Eligible State and at least the Minimum Age. I also represent that I am not nor are any
member of my immediate family or household (whether or not related): (A) an employee, officer or director of any Promotion Party, or
(B) an owner/operator or person responsible for purchasing or promotion decisions at retailers of Sponsor products.
“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, The Kroger Co., 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.
I confirm that:
I have not used more than one name or residential or email address to enter.
I completed my own entr(ies) and have not used any automated, form filling, programmed or similar service or system.
I have entered using my actual name and residential address as on my driver’s license or government ID.
Neither I nor anyone in my household has won a prize (valued at $600 or more) in the last 12 consecutive month period in any
promotion sponsored by Sponsor or any of its affiliates.
As provided in the Official Rules, I accept and agree to abide by the Official Rules and all decisions of Sponsor and its independent
judging and administration organizations, which are final and legally binding in all respects.
I hereby agree to be solely responsible for all applicable federal, state, and local taxes, if any, on prize(s).
If the prize or prizes have an approximate retail value (“ARV”) as listed above of $600 or more, I have included a signed W9 form.
I also agree to be responsible for any other expenses not specified herein as being awarded.
I agree that the prize cannot be transferred and no substitutions will be made.
By accepting the prize, I give permission for Sponsor and its designees to use my name and/or likeness for purposes of advertising and
trade in any medium, without further compensation, unless prohibited by law.
LIABILITY RELEASE: BY PARTICIPATING, I 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
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ANY KIND (INCLUDING PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH, 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 MY 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; OR
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: I 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, I AGREE 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; AND (B) MY REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND I
IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
_____________________________________ ______________ ______________________________________
(Signature of Prize Winner) (Date) Printed Name of Winner
NOTARIZE (and attach a copy of the Winner’s Driver’s License or other government identification)
There personally appeared before me ________________________________ this ____ day of ___________, 2022 and made oath
that she/he had executed the foregoing Affidavit /Release as her/his free act and deed. I confirm that the actual name and residential
address of the Winner at the top of this Affidavit/Release is the same as on his/her driver’s license or other government identification.
______________________________________
Notary Public for the State of ______________
My Commission Expires: _________________