Bubly Shopping Spree Sweepstakes Rules
June 16, 2021 | Promotions
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE SWEEPSTAKES IS OPEN ONLY TO LEGAL U.S. RESIDENTS WHO AT THE TIME OF ENTRY AND PRIZE AWARDING ARE RESIDING IN ILLINOIS, IOWA, KANSAS, MINNESOTA, MISSOURI, NEBRASKA, SOUTH DAKOTA OR WISCONSIN AND WHO ARE 18 YEARS OF AGE (19 in NEBRASKA) OR OLDER. DO NOT ENTER THIS SWEEPSTAKES UNLESS YOU ARE ELIGIBLE. VOID WHERE PROHIBITED.
1. SWEEPSTAKES PERIOD: Entry into the Sweepstakes begins at 12:00:00 a.m. Central Time (“CT”) June 16, 2021 and ends at 11:59:59 p.m. CT on July 6, 2021 (the "Sweepstakes Period").
2. HOW TO PARTICIPATE: There are two (2) ways to enter:
(a) Hy-Vee Fuel Saver + Perks® Card Entry: Visit a Hy-Vee Food Store and sign-up for a free Hy-Vee Fuel Saver + Perks® customer loyalty card (“Program Loyalty Card”). During the Sweepstakes Period, purchase any one (1) bubly®, LIFEWTR®, or Frito-Lay® product (a “Qualified Purchase”), at a participating Hy-Vee retail location. At the time of purchase, present and swipe your Program Loyalty Card to receive one (1) entry into the Sweepstakes. There is no limit on the number of Program Loyalty Card Entries per person during the Sweepstakes Period; however, each Qualified Purchase must be made in a separate transaction and by 11:59:59 p.m. CT on July 6, 2021.
(b) Mail-In Entry: To enter the Sweepstakes without making a purchase or signing up for a free Hy-Vee Fuel Saver + Perks® card, hand-print “ATTN: 2021 bubly Shopping Spree Sweepstakes at Hy-Vee – Entry” along with a Hy-Vee Store address, your name, mailing address, city, state, zip code, telephone number and email address (optional) on a 3” x 5” card and mail it to: ATTN: 2021 bubly Shopping Spree Sweepstakes at Hy-Vee – Entry, 5820 Westown Parkway, West Des Moines, Iowa 50266-8223. Mail-in entries must be postmarked by July 6, 2021 and received by July 13, 2021. Enter as often as you wish, but photocopied entries or mechanically reproduced entries are NOT allowed (each entry must be original hand-printed 3x5 card). Limit one (1) entry per outer stamped mailing envelope. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, damaged, stolen, postage-due or misdirected mail. All mail-in entries become the property of Sponsor and will not be acknowledged or returned to entrant.
Proof of purchase, delivery or receipt of an entry will not be deemed by Sponsor as proof of entry into this Sweepstakes. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified.
3. ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT WHO AT THE TIME OF ENTRY AND PRIZE AWARDING IS RESIDING IN ILLINOIS, IOWA, KANSAS, MINNESOTA, MISSOURI, NEBRASKA, SOUTH DAKOTA OR WISCONSIN AND IS 18 YEARS OF AGE OR OLDER (19 IN NEBRASKA) OR OLDER AT THE TIME OF ENTRY. Potential winners may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility and as a condition of prize award. The following persons are not eligible to participate or win: Any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within the past six months, held employment with or performed services for Pepsi-Cola Company (“Sponsor”), Hy-Vee, Inc. (“Promotional Partner”), Pepsi-Cola Company bottlers, PepsiCo, Inc., and any of the foregoing entities’ respective subsidiary and affiliated companies, as well as any participating retailers, distributors, Web design companies, advertising agencies, fulfillment companies, judging entities and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (all of the foregoing, beginning with “Sponsor” collectively referred to herein as “Promotion Parties”), and the immediate family members (defined as a spouse, parent, child, sibling, grandparent; whether biological, adopted, “step” or in-law) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes).
4. PRIZES: Fifty (50) Grand Prizes are available to be awarded, each consisting of one (1) $150 Hy-Vee Gift Card*. Approximate Retail Value (“ARV”) of each Grand Prize: $150.
*Gift Cards are subject to the terms and conditions set by the issuer.
Total ARV of all Grand Prizes: $7,500.
5. DRAWING: Potential winners will be selected in a random drawing on or about July 16, 2021 from among all eligible entries received. Odds of winning depend upon the total number of eligible entries received. Drawing will be conducted by Hy-Vee, whose decisions shall be final and binding. Limit one (1) prize per person/household.
6. GENERAL: This Sweepstakes is governed by the laws of the United States and of the State of New York, without respect to conflict of law doctrines. 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, except as determined by Sponsor, in its sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value in the event any portion of the prize becomes unavailable. Unclaimed prizes will not be awarded. As a condition of participating in this Sweepstakes, 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 Sweepstakes, 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 entrants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than entrants' actual out-of-pocket expenses (e.g. costs associated with participating), and entrants further waive all rights to have damages multiplied or increased. Prize winners will be solely responsible for paying all applicable federal, state and local taxes on prize. If applicable, winner will receive an IRS Form 1099 for the retail value of the prize. No groups, clubs or organizations may enter or win prizes. 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. CONDUCT: By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final and binding in all respects. 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 Sweepstakes or pepsipromos.com/shoppingspree (the “Website”); 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 DAMAGE ANY EQUIPMENT OR WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSBILE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIMITATIONS OF LIABILITY: Sponsor and the Promotion Parties along with each of their parent, subsidiary and affiliated companies, and all of their employees, officers, directors, agents, contractors and representatives (collectively the “Released 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 Sweepstakes; or (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 Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or the Website or any combination thereof; (e) suspended or discontinued Internet, wireless or land line phone service; or (f) any injury or damage to participants or to any other person's computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, 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 Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In the event of any such cancellation, termination or suspension, a notice will be posted at participating stores and a random drawing(s) may be held from among all eligible, non-suspect entries received prior to such time. Sponsor reserves the right, at its sole discretion, to disqualify any entrant (and all of his/her entries) from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of their affiliates if he/she tampers with the entry process or if his/her fraud or misconduct affects the integrity of this Sweepstakes. Sponsor reserves the right to correct errors in promotional materials.
9. WINNER NOTIFICATION: Potential winners will be notified by text, email or regular mail at the mobile phone number, email address and/or mailing address (depending on the method of entry) provided upon entry, within approximately two (2) days of the drawing (“Winner Notification”). Potential prize winners will be required to respond as directed in the Winner Notification within seventy-two (72) hours of the time Winner Notification is sent, or prize will be forfeited and may be awarded to an alternate winner, in Sponsor’s sole discretion. Sponsor is not responsible for suspended or discontinued wireless service or a change in the entrant’s telephone number, email address or mailing address that may result in a potential winner not receiving the Winner Notification or any other notice or prize. Once potential winner responds as directed in the Winner Notification, the potential prize winner may be sent an Affidavit of Eligibility and Liability/Publicity Release (where permitted by law) and an IRS W-9 form (together the “Prize Claim Documents”) to be signed and returned within the number of days indicated on the Prize Claim Documents. In the event (i) the Winner Notification, Prize Claim Documents or a prize is returned as undeliverable to the phone number, email address or physical address provided upon entry; (ii) the potential winner fails to respond to the Winner Notification as directed; (iii) any required Prize Claim Documents are not completed, signed and returned within the required number of days; (iv) a potential winner is determined to be ineligible or not in compliance with these Official Rules; or (v) a potential winner is otherwise unable to accept the prize as stated, that potential winner may be disqualified and the prize will be forfeited and may be awarded to an alternate winner, in Sponsor’s sole discretion. Prizes will only be delivered to addresses within Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, South Dakota and Wisconsin.
10. RELEASE OF LIABILITY: All entrants, as a condition of participation, and all winners, by acceptance of a prize, agree to release Sponsor, Promotion Parties, and the other Released Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with submitting an entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of any prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity or any typographical or other error in the printing of these Official Rules or the offering or announcement of any prize. The winners shall bear all risk of loss or damage to their prizes and/or prize documentation after it has been delivered. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor, except manufacturer’s standard written warranty included in the prize packaging. Except where prohibited by law, winner grants to Sponsor and Promotion Parties the right to print, publish, broadcast and use worldwide in any media now known (including without limitation use online at the Website or hereinafter known, the winner’s name, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor or Promotion Parties.
Please see Sponsor’s and Hy-Vee’s privacy policies located at: http://policy.pepsi.com/privacy.htm and http://www.hy-vee.com/company/policy/privacy.aspx for details regarding the use of personal information collected in connection with this Sweepstakes.
11. WINNERS LIST AND OFFICIAL RULES: The names of the Grand Prize winners and/or a copy of the Official Rules may be obtained by sending a self-addressed, postage prepaid written request to: Hy-Vee, Inc., Attn: 2021 bubly Shopping Spree Sweepstakes at Hy-Vee, 5820 Westown Parkway, West Des Moines, IA 50266. Written requests must be received by August 13, 2021.
12. SPONSOR: Pepsi Beverages Company, 555 W Monroe St #16, Chicago, IL 60661.
13. PROMOTION ADMINISTRATOR: PSG, P.O. Box 940340, Maitland, FL 32794-0340.
© 2021 BUBLY, the bubly Designs and the bubly Marks are trademarks.