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Dr Pepper Cult / Dr Pepper Cherry Bike Giveaway 12/8/2010



The following Sweepstakes is intended for play in the 50 United States and the District of Columbia only and shall only be construed and evaluated according to United States law. Do not enter this Sweepstakes if you are not located in the 50 United States or the District of Columbia at the time of entry.

Sweepstakes: Dr Pepper Cult/Dr Pepper Cherry Bike Giveaway
Sponsor Dr Pepper/Seven Up, Inc., 5301 Legacy Drive, Plano, TX 75024
Administrator: Code and Theory, 110 Greene St. Suite 201, New York, NY 10012
Minimum Age: Entrants must 18 years or older
Start Date:
Wednesday, December 8, 2010 12:00 PM
End Date: Friday, December 10, 2010 5:00 PM
Sweepstakes Period: Start Date through End Date
Drawing Dates: Wednesday, December 8, 2010
Thursday, December 9, 2010
Friday, December 10, 2010
Winner List Request Deadline: January 8, 2011
Dr Pepper Twitter Page:
Winners List Address: Dr Pepper Cult/Dr Pepper Cherry Bike Giveaway
Winners List
Code and Theory, 110 Greene St. Suite 201, New York, NY 10012
3 Prize(s):
1 Dr Pepper Cherry Cult Bike ($1,200 MRV)

1. ELIGIBILITY: To enter you must be a legal resident of the United States or the District of Columbia and at least of the Minimum Age or older, located in the U.S. at the time of Entry, and have a current, active account on Twitter at the time of Entry. You are not eligible if you or any member of your immediate family or household (whether or not related) is an employee, officer or director of Sponsor, its bottlers or distributors, Administrator, their respective parents, affiliated and subsidiary companies (collectively, the "Sweepstakes Parties"), any of the Sweepstakes Parties’ other promotional partners, advertising or promotions agencies, suppliers of Sweepstakes materials, internet promotion developers, judging or administration organizations, or auditing or legal firms and other parties engaged in the production, promotion, administration or execution of the Sweepstakes. “Immediate family” means parents, children, stepparents, stepchildren, siblings, stepsiblings and spouses, whether or not living at the same residence.

2. TO ENTER: Follow Sponsor on Twitter at The Sweepstakes will begin upon Sponsor’s initiation of a “tweet” message through asking for a creative response (“Entry”) to a particular prompt related to Sponsor’s products (the "Initiating Tweet") and will end exactly 5 hours after Sponsor's Initiating Tweet, upon which Sponsor will "tweet" a message ending the Sweepstakes ("Terminating Tweet"). Entries must be received by Sponsor no later than 5 hours from the Initiating Tweet and before the Terminating Tweet. To enter, an entrant must respond to the Initiating Tweet by “direct messaging” ("Direct Message") Sponsor from entrant's own Twitter account. Entries must be at least ten (10) characters and no more than one hundred and forty (140) characters in length. The content of the Direct Message from the entrant, as submitted, will be considered the "Entry". Each Direct Message counts as one Entry. Odds depend upon the number of valid Entries received.


3. ENTRY REQUIREMENTS/CONDITIONS: Entries must be the original work of the entrant; may not have won previous awards; may not have been published previously; must not infringe third-party rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material; cannot be sexually explicit or suggestive, profane or pornographic, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; cannot be offensive, endorse any form of hate or hate group; cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; may not invade privacy or other rights of any person, firm or entity; may not in any other way violate any applicable federal, state or local laws or regulations or the Terms of Service; may not contain any reference to any third party trademarks, names or third party logos (other than as owned by the Entrant) or any copyrighted components (other than as owned by the Entrant); and cannot contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses. All Entries may be reviewed for content before being judged. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. Entries containing any such prohibited content and/or otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified. Sponsor makes the final determination as to what Entries are eligible to take part in this Sweepstakes. All entrants must have a valid Twitter account. In the event of a dispute regarding the identity of the person submitting an Entry, entries will be declared made by the authorized account holder of the Twitter account from which the Entry was received.

"Authorized account holder" is defined as the natural person who is assigned to a Twitter account by All entries become the property of Sponsor and will not be returned to entrant. Automated entries (including but not limited to entries made using any script, macro, bot, or contest service) and facsimiles are not allowed. Potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the Twitter account associated with the winning Entry.


Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, adapt, edit and/or modify such Entry in any way, in any and all media, without limitation, and without consideration to the entrant, whether or not such submission is selected as a winning Entry. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

By accepting a prize, the winner agrees that its Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

4. WINNER SELECTION: Sponsor and/or its designee(s) will select three (3) winners from all eligible Entries received. Sweepstakes submissions will be judged by a qualified judge or panel of judges whose decisions are final and binding. Each qualifying submission shall be judged by Sponsor staff based upon the following equally weighted criteria: (1) adherence to Sponsor's theme and (2) creativity. In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to the second judging criteria, as needed, to break the tie. Becoming a Winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. Judging will be completed on or about ten (10) business days of the close of the Sweepstakes. Winner will be notified via email sent to the Twitter account associated with the Entry and follow up prize correspondence will take place through certified postal mail or e-mail. Sponsor is not responsible for any change in the entrant's mailing address, email address, Twitter account information and/or telephone number. If any prize correspondence (including e-mail) is returned as non-deliverable, or if no reply is received from the potential winner, or if the winner is otherwise disqualified for any reason, prize may be forfeited. Unclaimed prizes will not be awarded. Winner (or winner’s parent or legal guardian, if winner is a minor in his/her state/province of residence) may be required to complete, sign and return an Affidavit/Declaration of Eligibility/Liability Release and Assignment of Copyright, and, where lawful, a Publicity Release within XX days of attempted notification or prize may be forfeited and an alternate winner selected. If no documentation is required by Sponsor, prize will be shipped within 6-8 weeks of drawing date.

5. GENERAL CONDITIONS: Prize will be awarded only to an address within the 50 United States or the District of Columbia. Winner is solely responsible for any taxes on Prize. If prize is $600 or more and winner is a legal U.S. resident, winner (or winner’s parent or legal guardian if winner is a minor) will receive an IRS Form 1099 for the approximate retail value of the prize. By participating, entrants (and their parent(s)/legal guardian(s) if entrants are minors) agree to these Official Rules, and to the Sponsor's decisions, which are final and binding in all respects. Sweepstakes Sponsor reserves the right to amend the Official Rules at any time in its sole discretion due to amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or any other aspect of the Sweepstakes in any jurisdiction. Please check the Official Rules posted on the Website for any changes/modifications. Parties assume no responsibility for lost, late, misdirected, stolen, mutilated, illegible, undelivered, garbled, damaged, incomplete entries, or for any computer, online, or technical malfunctions that may occur. Sweepstakes Parties also assume no responsibility for any technical problems in connection with transmission or receipt of online Entries including faulty electronic data transmission, traffic congestion on the Internet or on the web site (including, but not limited to, hardware or software error, equipment failure or malfunction, or other online communications problems. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Sweepstakes and select the winner from all eligible entries received prior to the cancellation or termination. This Sweepstakes is offered only in the United States and the District of Columbia and is governed by the laws of the State of Texas, without regard to conflicts of laws principles and all claims must be resolved in the federal or state courts of Texas.

6. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: By participating in the Sweepstakes, the Entrant (or their parent or legal guardian if a minor in their state/province of residence) represents and warrants as follows: (i) Entrant has the full right and legal capacity to participate and is not a party to any agreement that would condition or restrict Entrant's ability to participate; (ii) Entrant is the sole and exclusive owner of the Entry; (iii) Entrant(s) has the right and power to perform his or her obligations as set forth in this document and to grant rights herein contained; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory, pornographic, or obscene. Each Entrant (or their parent or legal guardian if a minor in their state of residence) hereby agrees to indemnify, defend and hold the Sweepstakes Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.

7. LIMITATIONS OF LIABILITY AND RELEASE: By entering, entrants (and winner’s parent or legal guardian if winner is a minor) agree (and agree to confirm in writing): (a) that the Sweepstakes Parties, participating retailers, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held released and harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes; from acceptance, possession, misuse or use of any prize; from participation in any prize-related activity or any travel related thereto or from the use by Sponsor or anyone authorized by it of the Entry; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Except if winner is a resident of TN or where prohibited by law, winner (and winner’s parent or legal guardian if winner is a minor) grant (and agree to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, voice and/or likeness, and Entry, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation.

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

Twitter is not a sponsor of or affiliated with this Sweepstakes.