Dr Pepper/seven Up – Dr Pepper Tuition Giveaway And Instant Win Sweepstakes
Dr Pepper® Tuition Giveaway and Instant Win
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND
WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Dr Pepper Tuition Giveaway and Instant Win (the “Promotion”) is open only to legal
residents of the fifty (50) United States (including District of Columbia) who are at least eighteen
(18) years old at the time of entry. Employees of Dr Pepper/Seven Up, Inc. (“Sponsor”), Sodexo,
Inc., Merkle Inc. (“Administrator”), and their parent and affiliate companies, suppliers as well as
the immediate family (spouse, parents, siblings and children) and household members of each
such employee are not eligible. The Promotion is subject to all applicable federal, state and local
laws and regulations and is void where prohibited. Participation constitutes entrant’s full and
unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions,
which are final and binding in all matters related to the Promotion. Winning a prize is contingent
upon fulfilling all requirements set forth herein. The Promotion consists of a sweepstakes (the
“Sweepstakes”) and an instant win game (the “Instant Win Game”).
2. Sponsor: Dr Pepper/Seven Up, Inc., 5301 Legacy Drive, Plano, TX 75024. Administrator:
Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Promotion begins on September 1, 2020 at 12:00 a.m. Eastern Time (“ET”) and
ends on October 31, 2020 at 11:59 p.m. ET (the “Promotion Period”). Administrator’s computer is
the official time-keeping device for this Promotion.
4. How to Enter: There are two (2) ways to enter:
a. Download the “Bite” App: During the Promotion Period, download or launch the Bite by
Sodexo app (“App”) on your mobile device. The App is free, but subject to the Terms of
Use. Once you’ve successfully downloaded/opened the App, you will be given the
opportunity to enter this Promotion. Follow the links and instructions to complete and
submit the registration form including the valid email address (on your first visit only). You
automatically will receive one (1) entry into the Sweepstakes and advance to the Instant
Win Game page and receive one (1) Instant Win Game play for that day. Once on the
Instant Win Game page, complete the “Memory Match” game. The Instant Win Game
results will be instantly displayed. Potential winners of the Instant Win Game will be
provided directions for validation. All potential winners are subject to verification before
any prize will be awarded. Administrator is responsible for the functionality of the Instant
b. Visit the Website on a Desktop Computer: During the Promotion Period, click here and
complete and submit the registration form including a valid email address (on your first
visit only). You automatically will receive one (1) entry into the Sweepstakes and
advance to the Instant Win Game page and receive one (1) Instant Win Game play for
that day. Once on the Instant Win Game page, complete the “Memory Match” game.
The Instant Win Game results will be instantly displayed. Potential winners of the Instant
Win Game will be provided directions for validation. All potential winners are subject to
verification before any prize will be awarded. Administrator is responsible for the
functionality of the Instant Win Game.
Limit: Each entrant may enter/play one (1) time per day during the Promotion Period, regardless
of method or combination of methods of entry. Multiple entrants are not permitted to share the
same email address. Any attempt by any entrant to obtain more than the stated number of
plays/entries by using multiple/different email addresses, identities, registrations and logins, or
any other methods will void that entrant’s plays/entries and that entrant may be disqualified. Use
of any automated system to participate is prohibited and will result in disqualification. Sponsor is
not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which
will be disqualified. In the event of a dispute as to any registration or play, the authorized account
holder of the email address used to register will be deemed to be the entrant or player. The
“authorized account holder” is the natural person assigned an email address by an Internet
access provider, online service provider or other organization responsible for assigning email
addresses for the domain associated with the submitted address. Potential winners may be
required to show proof of being the authorized account holder.
5. Sweepstakes/Instant Win Game: Administrator is an independent judging organization whose
decisions as to the administration and operation of the Promotion and the selection of potential
winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator
will randomly select the potential Sweepstakes winner, from all eligible entries on or around
November 2, 2020. Instant Win Game: One thousand (1,000) random, computer-generated
winning times, one for each prize listed below, will be generated during the Promotion Period. If
you are the first player to play the Instant Win Game at or after one of the randomly-generated
times, you will be a potential instant winner of the prize indicated.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR
ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS
RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF
THE INSTANT WIN GAME OR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND
UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER
AND/OR SWEEPSTAKES WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN
NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN
SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY
PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A
DEFECTIVE PLAY, IS VOID AND WILL NOT BE HONORED.
7. Verification of Potential Winners: Receiving a prize is contingent upon compliance with
these Official Rules. The potential Sweepstakes winner will be notified by email. If a potential
winner of any prize cannot be contacted, or fails to provide any other requested information within
the required time period (if applicable), or prize is returned as undeliverable, potential winner
forfeits the prize. In the event that a potential winner of a prize valued over $25.00 prize is
disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by
random drawing from among all remaining eligible entries. There will be three (3) alternate
drawings after which the prize will remain unawarded. Unclaimed prizes valued at $25.00 or less
will remain unawarded. Instant Win Game prizes will be fulfilled approximately 8-10 weeks after
the conclusion of the Promotion.
Sweepstakes Prizes: TEN (10) GRAND PRIZES: $1,000 tuition prize to be used for qualifying
educational purpose(s)*. Approximate Retail Value (“ARV”): $1,000.
Prize Details: Each tuition prize amount is 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 16 years of age
(b) to pay off student loans incurred 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
(c) A combination of (a) and (b) above in an amount not to exceed the prize amount.
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 expenses at an accredited
two- or four-year college, technical school, vocational school, or master or doctorate degree
program in the United States. Awards may be used to pay current educational expenses, student
loans incurred in a previous academic year, or a combination of both. 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
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 by the 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 set aside funds 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 Form 1099 will be issued to the winner. Any
tax liability will be the responsibility of the winner. Designees must be at least 16 years of age or
Winners (and/or their Designees) have up to (December 31, 2021) to use the Tuition Award or it
will be forfeited. Any unused portion of Tuition Award will be forfeited.
Odds of winning a Sweepstakes Prize depend on the number of eligible entries received during
the Promotion Period.
Instant Win Game Prizes: ONE THOUSAND (1,000) FIRST PRIZES: $5.00 Amazon.com Gift
Card. Gift Card Restrictions apply, see www.amazon.com/gc-legal. ARV: $5.00.
Odds of winning an Instant Win Game prize depend on the number of Instant Win prizes available
divided by the number of eligible Instant Win Game plays.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be
made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to
substitute a prize for one of equal or greater value if the designated prize should become
unavailable for any reason. Winners are responsible for all taxes and fees associated with prize
receipt and/or use. TOTAL ARV OF ALL PRIZES: $15,000.00. Limit: One (1) Sweepstakes and
one (1) Instant Win Game prize per person.
9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor,
Sodexo, Inc., Administrator, and their respective subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies and each of their respective parent companies and each such
company’s officers, directors, employees and agents (collectively, the “Released Parties”) from
and against any claim or cause of action, including, but not limited to, personal injury, death, or
damage to or loss of property, arising out of participation in the Promotion or receipt or use or
misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s
consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions
and/or hometown and state for promotional purposes in any media, worldwide, without further
payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the
Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs
the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by
Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at
random from among the eligible entries or plays received up to the time of the impairment.
Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be
tampering with the entry process or the operation of the Sweepstakes or Instant Win Game or to
be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike
or disruptive manner. Any attempt by any person to deliberately undermine the legitimate
operation of the Sweepstakes or the Instant Win Game may be a violation of criminal and civil
law, 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. Sponsor’s failure to enforce any term of these
Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or
inaccurate information, whether caused by entrants, printing errors or by any of the equipment or
programming associated with or utilized in the Promotion; (2) technical failures of any kind,
including, but not limited to malfunctions, interruptions, or disconnections in phone lines or
network hardware or software; (3) unauthorized human intervention in any part of the entry
process or the Promotion; (4) technical or human error which may occur in the administration of
the Promotion or the processing of entries; or (5) any injury or damage to persons or property
which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the
Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry or play is
confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s
sole remedy is another Sweepstakes entry or Instant Win Game play, if possible. No more than
the stated number of prizes will be awarded. In the event that production, technical, seeding,
programming or any other reasons cause more than stated number of prizes as set forth in these
Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated
number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and
causes of action arising out of or connected with this Promotion or any prize awarded shall be
resolved individually, without resort to any form of class action, and exclusively by the United
States District Court for the Eastern District of Michigan (Southern Division) or the appropriate
Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs incurred, including costs associated with
entering this Promotion, but in no event attorneys’ fees; and (3) 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, or the rights and obligations of the entrant and Sponsor in
connection with the Promotion, shall be governed by, and construed in accordance with, the laws
of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether
of the State of Michigan or any other jurisdiction), which would cause the application of the laws
of any jurisdiction other than the State of Michigan.
14. Entrant’s Personal Information: Information collected from entrants is subject to the
15. Winner List: For a winner list, visit https://bit.ly/2X0R3ea. The winner list will be posted after
winner confirmation is complete.
© 2020 Merkle Inc. All Rights Reserved.