PEPSI®/MARCUS THEATRES® “BEST SEATS IN THE HOUSE”
PROMOTION
OFFICIAL RULES
NO PURCHASE OR PROOF-OF-PURCHASE NECESSARY AND NO ENTRY
FEE OR PAYMENT OF ANY KIND NECESSARY TO PARTICIPATE IN
PROMOTION. PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF THE
U.S., RESIDING IN THE STATE OF IL, IA, MN, NE, ND, OH or WI, WHO ARE
18 YEARS OF AGE (19 in NE) OR OLDER AT TIME OF ENTRY. DO NOT
ENTER THIS PROMOTION IF YOU ARE NOT A LEGAL U.S. RESIDENT.
VOID WHERE PROHIBITED.
1.
HOW TO ENTER: NO PURCHASE NECESSARY AND NO ENTRY FEE,
PAYMENT OR PROOF-OF-PURCHASE NECESSARY TO PARTICIPATE IN
PROMOTION. Promotion begins May 22, 2015, at 12:00:00 a.m. ET and ends
July 19, 2015, at 11:59:59 p.m. ET (the "Promotion Period").
THERE ARE TWO WAYS TO ENTER: 1) To enter the Promotion via text
message, order any 44 oz. Pepsi-Cola® fountain beverage at any participating
Marcus Theatres location during the Promotion Period, you will receive your
beverage in a specially marked promotional cup (“Promotional Cup”), while
supplies last. Look for a text message code (“Code”) printed on the Promotional
Cup. Specially marked Promotional Cup are scheduled to be available at
participating Marcus Theatres locations until July 19, 2015, or when supplies
exhaust, whichever occurs first. Use your mobile phone to text the Code to
699376, during the Promotion Period, to receive one (1) entry into the Random
Drawing and one (1) Instant Win game play (see Rule 4 below). Participants
must have a mobile phone with text messaging capabilities to enter by text
message. By participating, participants agree to receive up to three
(3) reply text messages per entry about the Promotion from Pepsi.
Participants entering this Promotion via text message may incur a standard
text message and data charge from their wireless service provider for each
message sent and received. Check with your wireless service provider for
details on these and any other applicable changes. You are solely responsible
for any such wireless charges. Not all wireless carriers participate. 2) To enter
via online, To enter, visit www.marcusbestseats.com (“Website”) during the
Promotion Period and follow the online instructions to register and enter the
Promotion. Upon completion of your registration, one (1) entry into the Random
Drawing and one (1) Instant Win game play (see Rule 4 below).
Proof of submitting an entry does not constitute proof of delivery. All
entries become the property of Sponsor and will not be returned to entrant.
Every entry must be manually keystroked and manually entered by the
individual entrant; automated and/or repetitive electronic submission of
entries (including but not limited to entries made using any script, macro,
bot or game service) will be disqualified and transmissions from these or
related e-mail or IP addresses may be blocked.
Limit one (1) entry per day per person/email address/mobile phone number
regardless of entry method. A “Day” is defined as a twenty-four (24) hour time
period beginning at 12:00:00 a.m. ET and ending at the following 11:59:59 p.m.
ET.
The person submitting the Promotion entry must be the authorized account
holder/user of the mobile phone number/email address; otherwise entry shall be
deemed void. In the event of dispute over the identity of a potential winner,
entries will be declared made by the registered user of the phone number/email
address used at the time of entry, and potential winner may be required to
provide identification sufficient to show that he/she is the authorized account
holder/user of the mobile phone number/email address submitting the entry. It is
solely the responsibility of the entrant to notify the Pepsi-Cola Company in writing
if the entrant changes his or her phone number/email address during the
Promotion Period.
IMPORTANT: Proof of sending a text message is not proof of delivery to or
receipt by Sponsor. If you send a text message stating “HELP” to 699376, you
will be sent a reply text message, which will include contact information for
customer support for the Promotion. You can also visit the Website for FAQ’s
and contact information for customer support for the Promotion.
2.
ELIGIBILITY: Open only to legal residents of United States residing in one
of the state of IL, IA, MN, NE, ND, OH or WI who is 18 years of age or older (19
in NE) at the time of entry. Employees of Marcus Theatres Corporation, PepsiCola Company and its bottlers, and each of their respective parents, subsidiaries,
divisions, affiliates, distributors, suppliers, and advertising, promotional or judging
agencies (collectively, "Sponsor and Promotion Parties"), and the immediate
family members (spouse, parent, step-parent, sibling, step-sibling, half-sibling,
child, or step-child) of such employees and/or persons living within the same
household as such employees are not eligible to win.
3.
PRIZES:
RANDOM DRAWING PRIZE: One (1) Grand Prize will be awarded, consisting
of a trip for winner and one (1) guest to Nashville, TN. Travel must take place
by July 15, 2016. Grand Prize includes two (2) tickets to a show at the Grand
Ole Opry, two (2) one-day passes to the Country Music Hall of Fame, round-trip
coach air transportation for winner and one (1) guest from an airport nearest the
winner’s home within the continental U.S. to an airport near Nashville, TN, one
(1) double occupancy standard hotel room for three (3) nights, five hundred
dollars ($500) spending money, and ground transportation (stipend for a rental
car or taxi). Estimated retail value (“ERV”) of Grand Prize is up to $3,500,
depending upon winner’s point of travel origin. If Grand Prize winner resides
within 150 miles of Nashville, TN, ground transportation may be substituted in
lieu of air transportation at the sole discretion of Sponsor. Selection of airline,
hotel and show seating assignment is at Sponsor’s sole discretion. All other
expenses not specifically mentioned herein are solely the responsibility of winner
and guest. Sponsor will specify travel dates and all travel must be taken on dates
specified; no alternative travel dates are available. All travel subject to availability
and restrictions. Winner and guest must travel on same itinerary. Minor children
may accompany winner as travel guest only if minor’s parent or legal guardian is
the winner. Minors must be accompanied at all times during trip (including, but
not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent
or legal guardian. Sponsor assumes no responsibility for cancelled, delayed,
suspended or rescheduled events (including the show and/or airline flights)
beyond its control. Travel guest must sign and return a travel release before any
ticketing or travel occurs. Winner and guest must have all necessary
identification and/or travel documents (e.g. a valid U.S. driver’s license) required
for travel within the United States.
INSTANT WIN PRIZES: Twenty-five (25) First Prizes will be awarded, each
consisting of a fifty dollar ($50) Live Nation Concert Cash voucher*. Actual Retail
Value (“ARV”): $50. Fifty-four (54) Second Prizes will be awarded, each
consisting of a twenty-five dollar ($25) Marcus Theatres® gift card.* ARV: $25.
*Vouchers and gift cards are subject to their respective terms and conditions,
which will be disclosed to winners at the time of award.
4.
WINNER SELECTION
Instant Win: Instant Win Prizes (which shall include First Prizes and Second
Prizes) will be awarded at random based on a computer generated formula
throughout the Promotion Period. The first person to submit a valid entry via any
participation method in accordance with these Official Rules on or immediately
after the randomly selected time will win an Instant Win Prize, subject to
verification. Odds of winning an Instant Win Prize depend on the number of
eligible entries received on the day and time of entry.
Random Drawing: Grand Prize will be awarded in a random drawing to be held
on or about July 20, 2015. Drawing is to be conducted by an independent
judging organization whose decisions are final. Winners will be randomly
selected from all eligible entries received during the Promotion Period. Odds of
winning the Grand Prize depend upon the number of eligible Plays received.
Limit one (1) Random Drawing Prize and one (1) Instant Win Prize per
person/email address/mobile phone number/household regardless of entry
method.
5.
WINNER NOTIFICATION: Potential Grand Prize winner will be notified by
email or phone and will be required to respond to the notification within seventytwo (72) hours indicating whether he/she can accept the prize. If no response is
received within the allotted time, an alternate winner will be selected. All
potential Instant Win Prize winners who played via text message will be notified
immediately via text message, subject to verification of eligibility. Each potential
Instant Win Prize winner will be provided a unique prize code and a link within
the notification text message that the potential Instant Win Prize winner must
click to open a Prize Claim Form and follow the instructions and complete the
Prize Claim Form, including providing their unique prize code provided in their
text message notification. All potential Instant Win Prize winners who play online
will be notified immediately on the Website, subject to verification of eligibility,
and must follow the instructions to confirm their eligibility and claim their prize.
Sponsor is not responsible for suspended or discontinued wireless service that
may result in a potential winner not receiving initial prize notification. Any Instant
Win Prize winner notification returned as undeliverable without a forwarding
address will result in prize forfeiture. Where permitted by law, Grand Prize
winner may be required to sign and return an Affidavit of Eligibility/ Liability
Release and a publicity release (where permitted by law) within five (5) calendar
days of attempted winner notification as indicated by the date on the Affidavit. If
attempted Grand Prize notification is (i) returned as undeliverable or if any
required documents are not returned within the required number of days; (ii) if the
winner is unable to attend on the dates specified; or (iii) if winner cannot be
verified or is otherwise unable to accept the prize as stated, prize will be forfeited
and may be awarded to an alternate winner in the Sponsor’s sole discretion.
Unless otherwise noted, allow up to three (3) to four (4) weeks for delivery of
Grand Prize by mail or up to twenty-four (24) hours for delivery of an Instant Win
Prize by email following completion of notification process. Prizes will only be
delivered to addresses within the United States. Sponsor is not responsible for
any change in entrant's mailing address and/or telephone number.
6.
GENERAL: Prizes will be awarded and/or delivered only to addresses
within the United States. Unclaimed Instant Win Prizes will not be awarded.
Except as determined by Sponsor in its sole discretion, no substitution of prize is
offered, no transfer of prize to a third party is permitted, and non-cash prizes may
not be redeemed for cash value (unless at the sole discretion of Sponsor). Any
difference between the approximate prize value and the actual prize value will
not be awarded. Prize winners will be solely responsible for all applicable federal,
state and local taxes on prizes. If applicable, winners may receive an IRS Form
1099 for the retail value of the prize. All other expenses on the receipt and use
of the prize not specifically mentioned herein are solely the responsibility of the
winner. Any portion of a prize not accepted by winner will be forfeited.
7.
PUBLICITY: Where permitted by law, by participating in the Promotion,
entrant grants Sponsor and Promotion Parties, and their respective parents,
subsidiaries, affiliates, and advertising and promotion agencies, and those acting
pursuant to their authority, the right to print, publish, broadcast, and use any
materials submitted by entrant in connection with the Promotion as well as the
entrant's name, portrait, picture, likeness, voice, statements attributable to
him/her, city and state of residence, and other biographical information for
advertising and promotional purposes throughout the world in any and all media
now known or existing at any time in the future, without further approval,
notification, or compensation.
8.
CONDUCT: By entering this Promotion, entrants agree to be bound by
these Official Rules, which are a contract and include limitations of rights and
remedies, and the decisions of Sponsor that shall be final and binding in all
respects. The Official Rules will be available online at
www.marcusbestseats.com and at participating Marcus Theatre locations
throughout the Promotion Period. Failure to comply with these Official Rules
may result in disqualification. Sponsor reserves the right at its sole discretion to
disqualify any individual found to be tampering with the entry process or the
operation of the Promotion; or to be acting in any manner deemed by Sponsor to
be in violation of the Official Rules; or to be acting in any manner deemed by
Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse,
threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER
OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY
UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
9.
LIMITATIONS OF LIABILITY: PRIZES ARE AWARDED “AS IS, WHERE
IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE.
SPONSOR AND PROMOTION PARTIES ASSUME NO RESPONSIBILITY OR
LIABILITY FOR (A) ANY INCORRECT OR INACCURATE ENTRY
INFORMATION, OR FOR ANY FAULTY OR FAILED ELECTRONIC DATA
TRANSMISSIONS; (B) ANY UNAUTHORIZED ACCESS TO, OR THEFT,
DESTRUCTION OR ALTERATION OF ENTRIES AT ANY POINT IN THE
OPERATION OF THIS PROMOTION; (C) ANY TECHNICAL MALFUNCTION,
FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF
CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS,
LINES, SATELLITES, SERVERS, COMPUTERS OR PROVIDERS UTILIZED IN
ANY ASPECT OF THE OPERATION OF THE PROMOTION; (D) ANY INJURY
OR DAMAGE TO PARTICIPANTS OR TO ANY OTHER PERSON'S PHONE
WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO
PARTICIPATE IN THE PROMOTION. IF, FOR ANY REASON, THE
PROMOTION IS NOT CAPABLE OF RUNNING AS PLANNED FOR REASONS
WHICH MAY INCLUDE, WITHOUT LIMITATION, TAMPERING,
UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY
OTHER CAUSES WHICH MAY CORRUPT OR AFFECT THE
ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER
CONDUCT OF THIS PROMOTION, THEN SPONSOR RESERVES THE RIGHT
AT ITS SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR
SUSPEND THE PROMOTION IN WHOLE OR IN PART. THIS PROMOTION IS
GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF
NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. AS A
CONDITION OF PARTICIPATING IN THIS PROMOTION, YOU AGREE THAT
ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE
PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION
WITH THIS PROMOTION, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT
RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A
COURT LOCATED IN NEW YORK HAVING JURISDICTION. FURTHER, IN
ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL PARTICIPANTS
BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL
RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN PARTICIPANT'S
ACTUAL OUT-OF-POCKET EXPENSES (E.G. COSTS ASSOCIATED WITH
ENTERING), AND PARTICIPANTS FURTHER WAIVE ALL RIGHTS TO HAVE
DAMAGES MULTIPLIED OR INCREASED.
10.
RELEASE AND INDEMNIFICATION: ALL ENTRANTS, AS A
CONDITION OF ENTRY INTO THE PROMOTION, AGREE TO FOREVER AND
IRREVOCABLY RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR
AND PROMOTION PARTIES FROM AND AGAINST ANY AND ALL LIABILITY,
CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES,
DAMAGES, OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE
SUSTAINED IN CONNECTION WITH SUBMITTING AN ENTRY OR
OTHERWISE PARTICIPATING IN ANY ASPECT OF THE PROMOTION, THE
RECEIPT, OWNERSHIP OR USE OF ANY PRIZE AWARDED, OR WHILE
PREPARING FOR, PARTICIPATING IN OR TRAVELING TO OR FROM ANY
PRIZE-RELATED ACTIVITY OR ANY TYPOGRAPHICAL OR OTHER ERROR
IN THESE OFFICIAL RULES OR THE ANNOUNCEMENT OF OFFERING OF
ANY PRIZE. THE WINNER SHALL BEAR ALL RISK OF LOSS OR DAMAGE
TO THEIR PRIZE AFTER IT HAS BEEN DELIVERED.
11.
WINNERS LIST REQUEST: For the names of the prize winners, mail your
request to: Pepsi/Marcus Theatres “Best Seats In The House” Winner’s List
Request, P.O. Box 510309, New Berlin, WI 53151. Request must be received by
August 17, 2015.
12.
PRIVACY: Your participation in the Promotion is subject to Sponsor's
Privacy Policy, which can be viewed by visiting the Website.
13.
SPONSOR: Pepsi-Cola Company, Purchase, NY 10577.
PEPSI-COLA and PEPSI are registered trademarks of PepsiCo, Inc. Marcus
Theatres is a registered trademark of The Marcus Corporation.