Coborn’s and Bernick’s “Win the Ultimate Tailgating Package”
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST.
- SPONSOR. The 2019 Coborn’s and Bernick’s “Win the Ultimate Tailgating Package” (“Contest”) is sponsored by Coborn’s, Incorporated, located at 1921 Coborn Blvd., St. Cloud, MN 56301 (“Sponsor”)
- ELIGIBILITY. The Contest is open only to participants who, as of the entry date, are legal residents of Minnesota, North Dakota, Wisconsin or South Dakota and 18 years old or older. The Contest is void in all other jurisdictions and where prohibited or restricted by law. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the jurisdictions where the Contest is offered and participants must be present in the United States or the District of Columbia at the time they enter.
- TIMING. The “Contest Entry Period” begins Monday December 31, 2018 12:00 a.m. CST and ends Sunday, February 3, 2019 11:59 p.m. CST (the “Entry Deadline”). Sponsor’s (or its designee’s) computer is the official time-keeping device for the Contest.
- HOW TO PARTICIPATE AND COMPLIANCE WITH OFFICIAL RULES
- To enter for the Grand Prize, go to www.celebratemore.com/pepsipoll during the Contest Entry Period and fill out the form to answer the weekly question. All entries for Grand Prize must be submitted online. Mailed or hard copy entries will not be accepted. All entries must be received by Sponsor during the Contest Entry Period. Failure to submit all required information and submissions in the manner required in these Official Rules may result in disqualification. Entries will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor.
- Each entrant is required to submit one online registration via the form linked to at www.celebratemore.com/pepsipoll during The Contest Period. Each entry must be in accordance with United States law. Sponsor reserves the right to disqualify any entry for any reason, including but not limited to the entrant’s failure to comply with the requirements in this paragraph.
- All entrants and entries are subject to verification by Sponsor. Sponsor reserves the right to conduct a background check on any or all entrants, and Sponsor reserves the right to disqualify any individual based on such background check if Sponsor determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Sponsor. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification and background check activities, including, without limitation, signing and delivering background check authorizations.
- AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in this Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winners, and the awarding of prizes), which are final and binding in all respects.
- SELECTION OF WINNING ENTRY; ODDS; NOTIFICATION. The winner will be chosen at random from all entries received. The winner will be announced on or around February 4, 2019.
- PRIZE. A total of one (1) prize will be awarded in this Contest. The prize as advertised as “Ultimate Tailgating Package” consisting of one (1) Char-Griller Akorn Charcoal BBQ Grill and Smoker ($300 value), two (2) exclusive NFL/Pepsi Tailgate Chairs ($100 value), one (1) exclusive Kyle Rudolph Autographed Football ($150 value), one (1) exclusive Retro Cooler/Speaker ($150 value), one (1) exclusive Pepsi Cornhole Game ($250 value), one (1) “Coborn’s Meat Package” in the form of a $200 Gift Card, and one (1) Pepsi Product package ($50 Value) will be awarded to the Grand Prize Winner at random ($1200 total value). Sponsor is not liable for prize if damaged stolen or misplaced.
Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor may be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. All costs and expenses not specified herein related to the prize or the award, acceptance or use thereof, including but not limited to transportation costs, lodging, meals, beverages, taxes (including income taxes), gratuities, insurance, healthcare expenses, surcharges and other expenses incurred with respect to the award, acceptance and use of the prize or donation are the sole responsibility of the prize winner. A prize or donation is non-transferable and non-assignable, and it is not refundable. No cash or other substitution may be made, except by Sponsor. Prize winner is fully responsible for any and all applicable federal, state and local taxes and assessments associated with prize award, receipt and use.
- PUBLICITY. Except where prohibited by law, participation in the Contest constitutes entrant’s consent to Sponsor’s (and its successors’, assigns’, licensees’ and designees’) use of entrant’s name, biography, likeness, voice, photographs, video, opinions, hometown, state and country for promotional or other purposes in any manner or media (including, without limitation, online), world-wide, in perpetuity, and without further notice, payment, consideration or consent.
- GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves the right (but does not have an obligation) in its sole discretion to award the prize based on the above criteria from among eligible, non-suspect entries received up to the time of suspected 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies 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.
- RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, its parents, subsidiaries and affiliates, and their respective agents, advertising, public relations and promotion agencies, affiliates, Contest partners, prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Contest; entrant’s award, receipt or use of any prize awarded in the Contest; and entrant’s participation in any prize or contest related activities.
- LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, web site, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any telephone, mail, website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest, or from viewing, playing or downloading any material from Sponsor’s web site, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s web site(s) by a hypertext link.
- DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Minneapolis or St. Paul, Minnesota; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or the Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
- OFFICIAL RULES. These Official Rules are available by sending a self-addressed postage-stamped envelope to “Win the Ultimate Tailgating Package” Sponsor, 1921 Coborn Boulevard, St. Cloud, MN 56301.
- WINNERS LIST. The Winner will be announced on or around Tuesday, February 5, 2019.
Entrants selected as potential winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential Grand Prize winner will be notified by via telephone and/or email. If a potential winner is not present at the time of the notification and a message or email left by Sponsor at that time, he/she will have forty-eight (48) hours to accept the prize by returning Sponsor’s email or phone message at the address provided by Sponsor. The potential winner may be required to execute and return to Sponsor the following in order to claim his/her prize (collectively, the “Acceptance Documents”): (i) An Affidavit of Eligibility, a Liability Release and (except where prohibited by law) a Publicity Release in the form(s) provided by Sponsor, and (ii) any other prize acceptance documents in the form(s) provided by Sponsor. The Acceptance Documents must be returned to Sponsor by the date and/or time indicated by Sponsor.
If an email or phone message cannot be left by Sponsor when the Sponsor places the notification email or call, or if the potential winner does not return the notification phone message or email within forty-eight (48) hours of Sponsor’s first attempt to contact the potential winner via email or phone message or if the potential winner fails to return the Acceptance Documents within the specified time, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential winner selected by Sponsor in his/her place based on random selection. In such event, an alternate potential winner will be notified by Sponsor by email or telephone message as described above and will be required to return the required documents to Sponsor as described above; however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s Contest schedule, and due to such schedule and timing, Sponsor may be unable to award the prize with respect to the disqualified potential winner. Sponsor is not responsible for the failure of a potential winner to receive Sponsor’s email or telephone message or the Acceptance Documents for any reason, or for the inability of such potential winner to return Sponsor’s message or email or the Acceptance Documents for any reason. Winner agrees that he/she will not conduct or participate in any media interview regarding this Contest or any prize without the express prior written permission of Sponsor. Sponsor ha¬¬s the right not to select winners in this Contest if none of the entries meet the guidelines and criteria set forth in these Official Rules.