DR PEPPER / CARL’S Jr. / HARDEE’S
MAKE IT YOUR GAME DAY INSTANT WIN GAME
OFFICIAL RULES

 

Instant Win Game:	Dr Pepper / Carl’s Jr. / Hardee’s MAKE IT YOUR GAME DAY Game (“Instant Win ”)
Sweeps:	Dr Pepper / Carl’s Jr. / Hardee’s MAKE IT YOUR GAME DAY Sweeps (“Sweeps”)
Promotion:	Instant Win Game and Sweeps (jointly referred to as the “Promotion”)
Sponsor:	Dr Pepper/Seven Up, Inc., 5301 Legacy Drive, Plano, Texas 75024
	Carl’s  Jr., 6307 Carpinteria Avenue, Suite A, Carpinteria, California 93013
	Hardee’s, 100 North Broadway, Suite 1200, St. Louis, Missouri, 63102
	(Collectively referred to as the “Sponsors”)
Administrator:	Brandmovers, PO Box 723188, Atlanta, GA 31139 (“Administrator”)
Winners List Request Deadline:	October 31, 2008 (“Winners List Request Deadline”)
Minimum Age:	Entrants must be at least 18 or older at time of participation (“Minimum Age”)
Eligible States:	Open to legal residents of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa,  Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, Wisconsin, and West Virginia. VOID ELSEWHERE AND WHERE PROHIBITED.
ADDRESSES:
Website:	www.makeityourgameday.com (“Website”)
Winners List Address:	Brandmovers, PO Box 723188, Atlanta, GA 31139 (“Winners List Address”)
INSTANT WIN GAME
Instant Win Game Start Date:	12:00:00 a.m. CDT, August 25, 2008 (“Instant Win Game Start Date”)
Instant Win Game End Date:	11:59:59 p.m. CDT, October 14, 2008 (“Instant Win Game End Date”)
Instant Win Game Promotion Period:	Instant Win Game Start Date through Instant Win Game End Date (“Instant Win Game Promotion Period”)
Free Code Address:	Brandmovers, PO Box 723188, Atlanta, GA 31139 (“Free Code Address”)
Free Code Request Deadline:	October 14, 2008 (“Free Code Request Deadline”)
Code Redemption Deadline:	11:59:59 p.m. CDT, October 23, 2008, 2008 (“Code Redemption Deadline”)

Instant Win Game Prizes:

*SkinIt Gift Codes expire November 1, 2009.

WHERE TO FIND CODES FOR INSTANT WIN GAME PLAY:

ON CUP: Printed on the side of a Carl’s Jr. or Hardee’s 42 ounce fountain cup.

FREE CODES: To request a Free Code, print your actual name, mailing address (no P.O. boxes), date of birth, email address, and phone number, on a 3 x 5 card and submit in a #10 envelope to the Free Code Address. Requests must be legible and completed in full to be valid. Machine duplicated or reproduced requests will not be accepted. Request as many free codes as you like and as often as you like, but only one individual’s name may be on each request and only one request per envelope. All requests become Sponsors’ property and will not be returned. Not responsible for lost, late, damaged, misdirected, illegible, postage-due mail or human error that may occur in the receipt or processing of requests. Free Codes will be emailed.

HOW TO PLAY THE INSTANT WIN GAME: To play, go to www.makeityourgameday.com. You will be asked to complete the registration process, by filling out the registration form with your actual first name, last name, street address, city, state, zip code, birth date, and valid email address. Upon clicking the “enter” button, you must agree to accept the Official Rules, Privacy Policy and Terms of Use.

You will then be directed to enter your Code. After you enter your Code, click “enter”. Code must be entered before the Code Redemption Deadline. You will instantly be notified as to whether or not you have won, and if you have, what you have won.

HOW TO PLAY THE SECOND CHANCE FIELD GOAL GAME: Upon entering the Instant Win Game by entering a Code, you will be given the opportunity to play the Second Chance Field Goal Game. Follow on-screen instructions to kick a ‘virtual’ field goal. You will instantly be notified as to whether or not you have won, and if you have, what prize you have won.

You are not a winner of an Instant Win Game Prize until you have completed and submitted the online registration form and your Code has been submitted and verified in accordance with these Official Rules, and you have fully complied with these Official Rules. Proof of play and/or winning will not be deemed valid unless verified by Sponsors. LIMIT 10 ONLINE CODE ENTRIES PER EMAIL ADDRESS AND PER PERSON, PER DAY. Any person who attempts to participate with multiple e-mail and/or street address, under multiple identities or uses any device or artifice to enter multiple times in violation of the preceding entry limitation will be disqualified.

Odds of winning a prize will depend on the time your entry is received and the total number of entries received.

SWEEPS

 

Sweeps Start Date:                              12:00:00 a.m. CDT, August 25, 2008
(“Sweeps Start Date”)

Sweeps End Date:                               11:59:59 p.m. CDT, October 23, 2008
(“Sweeps End Date”)

Sweeps Promotion Period:                  Sweeps Start Date through Sweeps End Date (“Sweeps Promotion Period”)

Sweeps Prizes:

ITEM	QTY	ARV	TOTAL ARV
Sweeps 1: Home Field Advantage
Sports Authority Gift Card	1	$1,500.00	$1,500.00
Sweeps 2: Make It a Tailgater
Sports Authority Gift Card	1	$1,500.00	$1,500.00
Sweeps 3: Feed Your Team
Carl's Jr. Gift Card	1	$750.00	$750.00
Hardee's Gift Card	1	$750.00	$750.00
Sweeps 4: Game Day Media Pass
Best Buy Gift Card	1	$1,500.00	$1,500.00
Sweeps 5: Get Your Game On
American Express branded prepaid card	1	$1,500.00	$1,500.00
Sweeps 6: Ultimate Fan Package
Sports Authority Gift Card	1	$500.00	$500.00
Best Buy Gift Card	1	$500.00	$500.00
Carl's Jr. Gift Card	1	$250.00	$250.00
Hardee's Gift Card	1	$250.00	$250.00
Sweeps 7: Jumbo Screen
Best Buy Gift Card	1	$1,500.00	$1,500.00
Sweeps 8: Flag on the Play
Sports Authority Gift Card	1	$1,500.00	$1,500.00
Totals	12		$12,000.00

Sweeps Drawing Dates:                       Sweeps 1: August 30, 2008
                                                            Sweeps 2: September 6, 2008
                                                            Sweeps 3: September 13, 2008
                                                            Sweeps 4: September 20, 2008
                                                            Sweeps 5: September 27, 2008
                                                            Sweeps 6: October 4, 2008
                                                            Sweeps 7: October 11, 2008
                                                            Sweeps 8: October 24, 2008
(“Sweeps Drawing Dates”)

 

 

HOW TO ENTER THE SWEEPS: You will be automatically entered into the Sweeps each time you enter a unique Code as part of the Instant Win Game, and will be notified if you are a potential winner.

THE DRAWING: Winners will be selected by random drawing from eligible entries.  There will be eight random drawings during the Sweeps Period. Non-winning entries from each drawing will be automatically added to the next scheduled drawing. Odds of winning depend on the number of eligible entries received. 

 

NOTE THAT THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL ACCOUNT-SPECIFIC PROMOTIONS FOR DR PEPPER/SEVEN UP, INC., SNAPPLE BEVERAGE CORP., AND/OR MOTT’S LLP.

 

NO PURCHASE NECESSARY. VOID OUTSIDE ELIGIBLE STATES AND WHERE PROHIBITED. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING.  THE PROMOTION IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS.  ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.  FOR ONLINE GAMES, INTERNET ACCESS AND VALID EMAIL ADDRESS REQUIRED.  ACCESS VIA INTERNET TV NOT VALID.

 

ELIGIBILITY: Winners must be legal resident of one of the Eligible States and at least the Minimum Age. Employees, officers and directors of Sponsor, its licensed bottlers, Account, the Administrator and their respective parent, affiliated and subsidiary companies (collectively, the "Promotion Parties"), and their promotional partners, advertising and promotional agencies, printers and suppliers of Promotion and packaging materials, redemption/recycling centers, owners/operators and those responsible for making purchasing decisions relative to marketing and promotions of retail establishments that sell Sponsor products, web masters and web and/or online promotion developers and persons engaged in the development of promotional materials, judging or administration organizations, or auditing or legal firms and members of any of the above's immediate family or household members (whether or not related) of such employees, officers, and directors are not eligible.   Immediate family, regardless of whether or not they live in the same residence, includes:

• parents
• children
• stepparents
• stepchildren
• siblings
• stepsiblings
• spouses

 

 
There is a limit of one Sweeps Prize per family or household. 

CODE VERIFICATION:   All Codes are subject to verification at the sole discretion of Sponsor. Anti-fraud detection devices may be used for verification purposes. Sponsor reserves the right to require submission of any cap/label/game piece for which a Code has been entered. Replacements shall be issued at Sponsor's sole discretion. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void Code.

GENERAL CONDITIONS:  By participating, you accept and agree to abide by these Official Rules and all decisions of Sponsor and its independent judging and administration organizations, which are final and legally binding in all respects.  No substitution of prize is offered, no transfer of all or any part of prize to a third party permitted, and not redeemable for cash. In the event that a prize cannot be awarded for any reason or winner is not capable of redeeming Prize for any reason, then neither Sponsor nor any of the Promotion Parties shall be obligated to award any prize and Sponsor 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.  If, for any reason, more than the stated number of prizes are available and/or claimed, Sponsor reserves the right to award the prizes in such category by random drawing from among all legitimate eligible prize claimants in such prize category.  Prize recipients are solely responsible for all applicable federal, state, and local taxes, if any, on prize and any other expenses not specified herein as being awarded.   Non-compliance with these Official Rules may result in disqualification. You are not a winner until your game piece or entry has been submitted and verified in accordance with these Official Rules and you have fully complied with these Official Rules and all verification and award processes have been completed. Except where prohibited by law, by accepting a prize, winners agree that the Promotional Participants and each of their related and affiliated companies may use the winner’s name, address (city, state), voice, photograph, videotape, likeness, and/or prize information for advertising, publicity and promotional purposes and grants to the Promotional Participants any and all rights to said use without further notice and/or compensation except where prohibited by law.

RELEASE OF LIABILITY:  By entering this Promotion, you hereby release Sponsor and its licensed distributors/bottlers, participating retailers, Administrator, all Promotion Parties and all of their respective parents, affiliates and subsidiary companies, advertising and promotions agencies, and all of their respective employees, officers, shareholders, directors and agents (collectively, “Releasees”) from (i) any and all liability, loss, harm, damage, cost or expense, including, but not limited to,  all reasonable counsel fees and court costs incurred, property damage, personal injury and/or death; (ii) anything related to the production, promotion, or execution of this Promotion (or your participation therein), preemption, cancellation, modification or rescheduling of any aspect of the Promotion; (iii) that which may occur in connection with acceptance and/or use of the prize or while participating in or traveling to any Promotion-related activity. 

LIMITATIONS OF LIABILITY:  Neither Sponsors, Administrator nor any other Releasee is responsible for lost, late, damaged, incomplete, stolen, misdirected, or illegible, incomplete, postage due mail or human error that may occur in the receipt or processing of the entries and/or requests for free game pieces or other submission or correspondence, shipping, or email (whether to or from them); or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information.  In case of dispute as to the holder of an email account, entry will be declared to be made by the authorized account holder of the e-mail address submitted at the time of 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 etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Neither Sponsor nor any other Releasee is responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the websites related to the Promotion. Sponsor reserves the right, at its sole discretion, to disqualify any individual found, at its sole discretion, to be tampering with the entry or other process or the operation of the Promotion or any website related to the Promotion, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. IN NO EVENT WILL SPONSOR OR ANY OTHER RELEASEE BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM YOUR PARTICIPATION IN, OR THE PRODUCTION, PROMOTION OR ADMINISTRATION OF, THE PROMOTION, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE THAT MAY BE AWARDED, OR YOUR ACCESS TO AND USE OF ANY WEB SITE(S) IN CONNECTION WITH THE PROMOTION (THE "WEB SITE") OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT BY A USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

DISPUTES: THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN COLLIN COUNTY TEXAS. 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 AN ARBITRATOR WHO SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN COLLIN COUNTY. 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, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

PROMOTION ADMINISTRATION:  The Administrator is the administrator of the Promotion and is responsible for the administration and execution of the Promotion. Sponsors are not responsible for the collection, submission or processing of entries, conduct or the overall administration of the Promotion. Entrants should look solely to Administrator at its above address with any questions, comments or problems related to the Promotion.

WINNERS LIST:  For a list of prize winners, mail a self-addressed stamped envelope received by Winners List Request Deadline to Winners List Address above.  Winners list will be sent once all prizes have been awarded.