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2011 DR PEPPER HEARTLAND TUITION GIVEAWAY PROMOTION

OFFICIAL RULES

NO PURCHASE NECESSARY. VOID OUTSIDE PUERTO RICO AND WHERE PROHIBITED. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING. GOVERNED BY LAWS OF THE STATE OF TEXAS. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.

Promotion: 2011 Dr Pepper Heartland Tuition Giveaway (the "Promotion")
Sponsor Dr Pepper/Seven Up, Inc., 5301 Legacy Drive, Plano, TX 75024
Administrators: ProPac Marketing, Inc., 4556 Sunbelt Drive, P.O. Box 595, Addison, TX 75001
Innovative Processing, Inc., P.O. Box 240, Clear Lake, MN 55319
Eligible States: United States of America and the District of Columbia
Minimum Age: Must be at least 18 or older at time of participation
DATES:
Start Date:
End Date:
Entry Receipt Deadline:
Promotion Period:
Drawing Date:
Winner List Request Deadline:

August 22, 2011
October 30, 2011
September 30, 2011
Start Date through End Date
November 15, 2011
December 15, 2011
ADDRESSES:
Winners List Address:

2011 Dr Pepper Heartland Tuition Giveaway Promotion/Winners List, c/o Innovative
Processing, Inc., P.O. Box 240, Clear Lake, MN 55319
PRIZES: 37 Grand Prizes: $1,000 Tuition

FURTHER PRIZE DESCRIPTIONS/TERMS:

37 TUITION PROMOTION PRIZES: $1,000 (One Thousand) tuition/educational grant to be awarded and used: (a) to go toward college or postsecondary vocational institution tuition, fees, books, supplies, equipment, related educational expenses and room and board to be awarded in the form of a check distributed to the school and located in the United States on behalf of the Winner or Winner's Designee; or (b) to pay off student loans incurred by the winner in (a) above to be awarded in the form of a co-payable check to the lending institution on behalf of the Winner or Designee; or (c) a combination of (a) and (b) above in an amount not to exceed the prize amount.

TUITION AWARDS: All tuition/educational awards will be administered by Scholarship Management Services, a division of Scholarship Management Services, and are subject to the following and all other terms of these Official Rules. Awards are to be used for postsecondary education and 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. A winner may designate that the tuition prize be deposited in a qualified state tuition plan of a designee if allowed by statute in the state where the winner and designee reside. Upon notification as an 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 create an account 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; or deposit the tuition prize in a qualified state tuition plan of designee if allowed by statute in the state where the winner and designee reside. 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), and the name of state tuition plan, account number, name, address and phone number of the tuition plan administrator if applicable. 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 1099 will be issued to the winner. Any tax liability will be the responsibility of the winner.

LIMIT ON PRIZES: Limit of 1 prize (valued at $600 or more) allowed per person/household per 12 consecutive month period in any promotion sponsored by Sponsor or any of its affiliated companies. Designees must be at least 17 years of age.

Winners (and/or their Designees) have up to One (1) year (December 31, 2012) to use the Tuition Award or it will be forfeited.

Any expense or item not specifically listed is the responsibility of winner.

HOW TO ENTER: During the Promotion Period, to enter:

  • FREE ENTRY FORM: On an official entry form, print your name and residential address, phone and date of birth. Put in official entry box. Must be legible and complete. No copies. One name on each entry.

ENTRY LIMITS: Entries must be received by the Entry Deadline. Limit 1 per day. You may not use more than one name or residential or email address. You must complete your own entry. No use of any automated, form filling, programmed or similar service or system.

DRAWING: Winners will be selected by random drawing. Odds depend on the number of eligible entries.

PRIZE LIMIT: Limit one prize (valued $600 or more) per person/household per 12 consecutive months from any promotion sponsored by Sponsor or any of its affiliates.

NOTIFICATION: Winners will be notified via the site, email, phone or mail. After a reasonable number of attempts during a day (determined by Sponsor or Administrator), if contact is not made with winner or you do not claim the prize within period specified, the prize may be forfeited. Winner and, if applicable, winner's guest(s) may be required to sign an affidavit of eligibility and release of publicity/liability within the time Sponsor or Administrator specifies or prize may be forfeited.

THE FOLLOWING TERMS ARE PART OF THE FULL OFFICIAL RULES.

ELIGIBILITY: To enter you must be a U.S. legal resident of an Eligible State and at least the Minimum Age. You are not eligible if you or a member of your immediate family or household (whether or not related) is an (A) employee, officer or director of any Promotion Party, or (B) owner/operator or person responsible for purchasing or promotion decisions at retailers of Sponsor products.

"Immediate family" means spouses, parents, children, siblings and step-parents/children/siblings, whether or not living at the same residence.

"Promotion Part(ies)" means Sponsor, its bottlers or distributors, Administrator, their respective parents, subsidiaries and affiliates, their promotion partners, advertising or promotion agencies, promotion materials suppliers, website developers, judging organizations, auditing or legal firms and other parties engaged in the promotion, administration or execution of the Promotion, and all of their employees, officers, directors and agents.

GENERAL: By participating, you agree to abide by the Rules and all decisions of Sponsor and its judges and administrators, which are final and binding in all respects. Non-compliance may result in disqualification. You are not a winner unless and until you have fully complied with the Rules and all award processes have been completed (including affidavits and any verifications required by Sponsor). All entries must use your actual name and residential address (as on your driver's license or government ID)(no P.O. boxes). Documents must be signed by parent/legal guardian of a minor. Entries become Sponsor's property and will not be returned. Winners may not substitute, transfer or redeem for cash all or any part of prize. If, for any reason, a prize cannot be awarded or winner is not capable of redeeming, Sponsor is not obligated to award it and 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 or select an alternate winner for forfeited prizes. If, for any reason, more prizes are available or claimed than the stated number, Sponsor reserves the right to randomly draw winners from eligible claimants. Winners are solely responsible for all taxes, if any, on prizes and any expense or item not specifically awarded in the Rules.

USE OF NAME/LIKENESS: By accepting a prize, you grant Sponsor (and its designees) the right to use your name and/or likeness for advertising purposes in any medium, without further compensation, except as prohibited by law.

ACCOUNT HOLDER: If disputed, entry will be deemed made by the natural person who is assigned to the account by the applicable provider or organization that assigns the phone, email or other account number.

LIMITATIONS: Neither Sponsor nor any other Promotion Party is responsible for any:

  • lost, late, damaged, incomplete, illegible, misdirected, undeliverable or postage due mail;
  • email, network, electronic, software, equipment, service, processing, accessibility or other errors, failures or issues;
  • unauthorized access, tampering, hacking, theft or destruction; or
  • other technical or human error related to the promotion, execution or administration of the Promotion.

 

VIOLATIONS: Sponsor may, in its sole determination, disqualify anyone it believes has not complied with the Rules, may be tampering or acting in a non-sportsmanlike, disruptive, abusive, harassing or threatening manner.

CAUTION: ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY VIOLATE CIVIL AND CRIMINAL LAWS AND SPONSOR MAY SEEK REMEDIES TO THE FULLEST EXTENT UNDER LAW.

CHANGES: Sponsor may, in its sole determination, cancel or modify any aspect of the Promotion or Rules for any reason which Sponsor, in its sole opinion, deems affects the promotion, execution or administration of the Promotion (whether tampering, technical or human error, application of new or existing laws/regulations, or other issues).

LIABILITY RELEASE: BY PARTICIPATING, YOU RELEASE AND AGREE THAT NEITHER SPONSOR NOR ANY PROMOTION PARTY WILL BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITY OF ANY KIND (INCLUDING PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COUNSEL FEES AND COURT COSTS) ARISING FROM ANYTHING RELATING TO:

  • PROMOTION, EXECUTION OR ADMINISTRATION OF THE PROMOTION (OR YOUR PARTICIPATION);
  • CANCELLATION OR MODIFICATION OF ANY ASPECT OF THE PROMOTION;
  • USE OF ANY WEB SITE RELATED TO THE PROMOTION OR MATERIALS ON THEM;
  • ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF ANY PRIZE; OR
  • PARTICIPATING IN OR TRAVELING TO ANY PROMOTION-RELATED ACTIVITY.

 

NO WARRANTY: ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CHECK YOUR LOCAL LAWS.

DISPUTES: IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY DISPUTE OR CLAIM SHALL BE RESOLVED BY FINAL BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN TEXAS. VENUE FOR ANY PROCEEDINGS WILL BE IN COLLIN COUNTY, TEXAS. REMEDIES SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES IN THESE RULES, BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEY'S FEES OR OTHER COSTS OR BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.

ADMINISTRATION: Administrator is responsible for the processing of entries and administration of the Promotion. Contact Administrator at its above address with any questions, comments or problems.

For a WINNERS LIST: Mail a self-addressed stamped envelope to Winners List Address above by the Winners List Request Deadline. List will be sent once all prizes awarded.