2012 DR PEPPER/ALBERTSONS MARKET TUITION GIVEAWAY PROMOTION AND CONTEST

NO PURCHASE NECESSARY. VOID OUTSIDE ELIGIBLE TERRITORY 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:	2012 Dr Pepper/Albertson’s Tuition Giveaway Promotion and Contest (the “Promotion”)
Sponsor:	Dr Pepper/Seven Up, Inc., 5301 Legacy Drive, Plano, TX 75024
Account:	Albertson’s Market
Eligible Territory:	Dallas/Ft. Worth Metroplex (TEXAS)
Minimum Age:	Must be at least 18 or older at time of participation
DATES:
Start Date:	October 24, 2012
End Date:	November 12, 2012
Entry Deadline:	11:59pm CT, November 12, 2012
Promotion Period:	Start Date through End Date
Drawing Date:	November 13, 2012
Winners List Request Deadline:	December 30, 2012
ADDRESSES:
Winners List Address:	Dr Pepper/Albertsons Market Cowboys Tuition Toss Promotion, Attn: Marketing/Winner’s List, Dr Pepper Bottling, 2304 Century Center Blvd, Irving, Texas 75062
PRIZES:	Five (5) Prizes: Two (2) tickets to the Dallas Cowboys vs Cleveland on November 18, 2012 at Cowboys Stadium in Arlington, TX (“Game”) and the opportunity to be a Pass Contestant ARV $250.00

FURTHER PRIZE DESCRIPTIONS/TERMS: Entrants acknowledge that the prize consists of the tickets to the Game and only the chance to complete as described herein. The value of the chance to compete and the odds of winning the competition are dependent on a multitude of factors and cannot be determined with any degree of certainty and no odds or value on such aspect of the Promotion shall be ascribed to such portion. All other expenses, not specifically mentioned herein, including taxes, transportation to/from the Game are the sole responsibility of the winners. ARV: $250.00

The GRAND PRIZE also includes an opportunity to compete for one of the following:
 
1.      One (1) $7,500.00 Tuition Prize:  Seven Thousand Five Hundred U. S. Dollars ($7,500.00) tuition/educational grant, payable as set forth in the Tuition Awards section below.
 
2.      One (1) $2,500.00 Tuition Runner-Up Prize:  Two Thousand Five Hundred U. S. Dollars ($2,500.00) tuition/educational grant, payable as set forth in the Tuition Awards section below.
 
Winners will participate in a preliminary pass competition (“Pass Contestant”) on Friday, November 16, 2012 or an alternate date (“Preliminary Pass Competition”) to compete for a chance to be a pass finalist (“Pass Finalist”) to compete in the event at the Game.
 
Any expense or item not specifically listed is the responsibility of the winner.
 
TUITION AWARDS:
 
GRAND PRIZE TUITION/EDUCATIONAL GRANT:  Each tuition prize amount is payable as follows:
 
(a)        as tuition to cover 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 (eligible under Title IV of the Higher Education Act of 1965 as amended) and located in the United States on behalf of the Winner or Winner’s designee, who must be at least 17 years of age (“Designee”); or
 
(b)        to pay off student loans incurred by the runner up for eligible costs in (a) above in the form of a check distributed to the lending institution on behalf of the Winner or Winner’s Designee
 
All tuition/educational awards will be administered by Scholarship Management Services, a division of Scholarship America, 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. 
 
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.  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).  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.
 
Winners (and/or their Designees) have up to one (1) year (December 31, 2013) to use the Tuition Award or it will be forfeited.
 
PRELIMINARY COMPETITION: On Friday, November 16, 2012 or an alternate date at Cowboys Stadium in Arlington TX, Pass Contestants will compete in a Preliminary Competition for the chance to be the Pass Finalists. Preliminary Competition location is subject to Sponsor’s discretion.  Pass Contestants may not wear gloves or use any throwing aid.  The Pass Contestants MUST THROW the football in an overhand motion.  Passes that are thrown underhanded or as a “push pass” from the chest will be considered as an incomplete attempt.  Each Pass Contestant will have one (1) “warm up” throw, then throw as many footballs (out of 30 footballs provided by Sponsor) as possible within 30 seconds from the 5-yard line into and fully through the “Target” hole (“Target”) cut into an oversized Dr Pepper can replica (“Can Replica”), which will be located on the near goal line). Passes must be from Pass Contestants’ hand, fully through the hole, without touching the ground or any object or surface other than the Can Replica as solely determined by Sponsor or its judges, in order to be considered a “Successful Pass”.  The two (2) Pass Contestants that throw the most successful passes will be deemed the two Pass Finalists for such Grand Prize Game. The Pass Contestant who throws the next highest number of successful passes to the Pass Finalists will be deemed the alternate (“Alternate”) and will participate in the Event only if one of the Pass Finalists is unable to participate.  If there is a tie among three (3) or more Pass Contestants, the Preliminary Competition will continue as stated above until there are only two (2) Pass Contestants remaining to be the two (2) Pass Finalists.  
 
PRELIMINARY TIE-BREAKER COMPETITION:  The two (2) Pass Finalists and Alternate will then compete in a preliminary tie-breaker (“Preliminary Tie-Breaker”) conducted immediately following the Preliminary Competition to determine which Pass Finalist would be declared the Winner in the event of a tie at the Final Event.  In the Preliminary Tie-Breaker, the Pass Finalists will participate in a competition in which each Pass Finalist and Alternate will each have the opportunity to pass ten (10) footballs provided by Sponsor within 30 seconds from the 5-yard line into and fully through the Target in the Can Replica. Pass Finalists may not wear gloves or use any throwing aid.  Passes must pass from Pass Finalist’s hand fully into and through the Target, without touching the ground or any object or surface in order to continue in competition, all as solely determined by Sponsor or its judge.  If there is a tie, this process will be repeated until there is a Preliminary Tie-Breaker winner.   
 
TIME FINAL EVENT: On the Game Date, during the Final Event at the Game, the Pass Finalists (two) will each have the opportunity to stand side-by-side and pass thirty (30) footballs provided by Sponsor  from the 5-yard line into and fully through the Target in the Can Replica (one for each Pass Finalist) provided by Sponsor which will be located on the goal line nearest the Pass Finalists (“Round One”).  Pass Finalists may not wear gloves or use any throwing aid. No warm up or trial passes will be permitted by the Pass Finalists. The Pass Finalists will have a total of 30 seconds to complete the most passes.  Passes must pass from Finalists’ hand, fully through the hole, without touching the ground or any object or surface other than the replicas, all as solely determined by Sponsor or its judges, in order to be considered a “Successful Pass”. The Pass Finalist who throws the most Successful Passes will be the winner (“Winner”) and win the Grand Prize; $7,500.00 Tuition Prize.  The runner up will win the $2,500.00 Tuition Prize.
 
In the event of a tie the Winner will be determined by the Pass Finalist Tie-Breaker throw off conducted at the end of the Preliminary competition on the Preliminary Competition Date.
 
 
GENERAL COMPETITION/ EVENT RULES:  If any Pass Contestant, Pass Finalist, or Alternate is not at the Sponsor’s designated Pass Contestants Preliminary meeting and at the Preliminary Competition dates, times, and locations specified, he/she will be disqualified.  Pass Contestants, Pass Finalists and Alternate must use soft-soled shoes only (no metal cleats), and must attempt all passes without gloves or any throwing aid or any third party assistance of any kind. All of Sponsor’s and/or its judges’ decisions regarding positioning of Pass Contestant, Pass Finalist or Alternate, timing of throws, and other details of Pass Competition, Final Event, Finalist Tie-Breaker, and Final Event shall be final.  Locations, dates and times may be subject to change.
 
 
HOW TO ENTER:  During the Promotion Period, to enter: 
 
·   ONLINE ENTRY: Go to the Website, www.AlbertsonsMarket.com/Tuition. Click on the Promotion icon. Complete all required information on registration website.
 
·   NO MAIL IN ENTRIES WILL BE ACCEPTED
 
 
ENTRY LIMITS: Entries must be received by the Entry Deadline. Limit one (1) per day.   You may not use more than one name or residential or email address on official entry form. 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. 
 
NOTIFICATION: Winners will be notified via phone and/or email. 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.
 
AFFIDAVIT/RELEASE: 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, at least the Minimum Age have a valid driver’s license and proof of insurance. 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. 
 
You must not be a current or former professional or semi-professional football player, or coach who has played or coached at that level anywhere in the world, a current or former collegiate or junior collegiate football player or coach who has played or coached at that level anywhere in the world within the last five (5) years, or a current or former high school football player or coach who has played or coached at that level anywhere in the world within the last five (5) years.
 
“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, Account, Administrator, Dallas Cowboys football club, ltd, pro silver star, ltd., cowboys stadium, L.P., legends hospitality, llc. the national football league and its member clubs, 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. 
 
INDEMNITY:  By participating, you further agree to indemnify and hold harmless the Promotion Parties and their respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions and liability of any kind resulting from or in connection with the Promotion or the Prizes.
 
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.