Food City Pepsi ETSU Tailgater of the Game

Official Rules

1.    ELIGIBILITY: The ETSU/Food City Tailgater of the Game Contest (“Contest”) is open only to legal residents of Tennessee who are 18 years of age or older at the time of entry. Employees of  Pepsi 
 (the “Sponsor” ) and KVAT Food Stores, Inc. d/b/a Food City (the “Administrator”), and each of their immediate family members (mother, father, sister, brother, husband, wife, daughter, son, step-father, step-mother, step-daughter, step-son, step-brother, step-sister, half-brother, half-sister) and/or those living in the same household of each are not eligible. Void outside Tennessee and where prohibited by law. This Contest is subject to all federal, state and local laws and regulations.

2.    AGREEMENT TO OFFICIAL RULES: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor/Administrator, which are final and binding in all matters related to the Contest. 

3.    HOW THE CONTEST WORKS: The Food City Tailgater Judging Team (“Judges”) will be judging fans tailgating in the on-campus parking area at Kermit Tipton Stadium in Johnson City, Tennessee, prior to each ETSU regularly scheduled home football game to determine which fans have the most school spirit. Judging will begin approximately three (3) hours prior to kick-off and will end approximately one (1) hour prior to kick-off. Tailgating teams must be set up and ready when the Judges arrive; and must be tailgating for ETSU. Entrants may only be on one (1) Team per home football game in this Contest.

4.    HOW TO ENTER: Beginning approximately three (3) hours prior to kick-off until one (1) hour prior to kick-off, the Judges will drive around in a golf cart and, in their sole discretion, invite tailgaters who meet the criteria as stated above in Rule 3, to participate in the Contest.  Each participating Team member will be asked to complete an Official Registration/Release Form by the Judges.  Teams must select one (1) representative to serve as the Team’s point of contact. Each participating Team must demonstrate their ETSU School Spirit (in 15 seconds or less) while being videotaped by the Judges. 

Teams will be judged based on the criteria listed in Rule 5. The game day winning Team will be notified approximately 30 minutes prior to kick off.  The game day winning Team must be at their original tailgate location in order to be declared the game day winning Team “Tailgater of the Game” and receive their prize, or an alternate Team will be selected, time permitting. If potential game day winning Team has left their tailgating area prior to notification, the Team will automatically be disqualified and an alternate Team will be selected, time permitting. The game day winning Team’s representative will accept the Game Day Prize and shall be solely responsible for the distribution of the Game Day Prize to its members. Limit one (1) Game Day Prize per Team. 

In the event any of the scheduled games do not occur, Administrator and Judges reserve the right, to change the date of that game’s “Tailgater of the Game” Contest or revise the Contest to eliminate the Contest for that week.  The Judges reserve the right, in their sole discretion, to disqualify any Team that reflects negatively toward the Administrator, ETSU or the Promotional Participants, including any opposing team, or whose signage or attire contains profanities, inappropriate gestures or does not comply with the Official Rules. Sponsor and Judges reserve the right to refuse entry in this Contest to any person, at its sole discretion. Submission of an entry further constitutes the Team member’s consent to irrevocably assign and transfer to Sponsor and Administrator any and all rights, title and interest necessary to use the videotape, including, without limitation, entrant’s right of publicity.  By entering and participating in the Contest, entrants, on behalf of themselves) hereby grant Administrator a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and unrestricted right and license to use, publish, reproduce, display, perform, adapt, modify, edit, duplicate, broadcast, distribute, have distributed and promote, for commercial use or otherwise, such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose; acknowledge and understand that the Sponsor and Administrator shall be the sole and exclusive owners of such material, including all copyrights and other intellectual property rights. 

5.    JUDGING CRITERIA/GAME DAY WINNING TEAM SELECTION:  Teams will be judged based on the following criteria: Originality, Creativity, Enthusiasm, Event-Appropriateness and School Spirit.  

6.    GAME DAY PRICE & APPROXIMATE RETAIL VALUE (“ARV”): One (1) $250 Food City Gift Card.  ARV $250.  Gift Cards are not redeemable or exchangeable for cash and are subject to all terms and conditions of use as established by issuer. Prizes consist of only the items specifically listed as the prize.  And Administrator reserves the right to substitute prize of equal or greater value. No substitution, cash redemption or transfer of prize by winner permitted. All federal, state and local taxes are the sole responsibility of winning Team.  Winning a prize is subject to verification. 

7.    PUBLICITY: Except where prohibited, participation in the Contest constitutes entrant’s consent for Administrator to use entrant’s name, likeness, prize information, city and state of residence for promotional purposes in any media without further consideration.

8.    RELEASE AND LIMITATIONS OF LIABILITY/GENERAL RULES: Except where prohibited, by participating in the Contest, entrants agree to release and hold harmless K-VA-T Food Stores, Inc., Eastern Tennessee State University (“ETSU”) and each of their respective parents, subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, and the officers, directors and employees of them (the “Released Parties”) from and against any claim or cause of action arising out of participation or attempt to participate in the Contest or receipt, use or misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) typographical or other error in the printing, the offering or the announcement of any prize; errors in the administration of the Contest or the processing of entries; (c) injury or damage to persons or property which may be caused directly or indirectly, in whole or in part from entrant’s participation in the Contest or receipt, use or misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the contest and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Administrator reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these official rules.  INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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 INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.  Administrator reserves the right to cancel or modify the Contest if fraud, misconduct or technical failures destroy the integrity of the Contest or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the program as determined by the Administrator, in its sole discretion.  

9.    DISPUTES: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resorting to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Contest, but in no event attorneys' fees. 

10.    PRIVACY: All personal information submitted by you as part of a Contest will be treated in accordance with the Administrator’s Privacy Policy available at www.foodcity.com  except as otherwise described in these Official Rules. By participating in a Contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be collected, used and disclosed by Sponsor and its authorized agents, representatives, and other third parties involved in the execution, administration, or hosting of a Contest, for the purposes of administering a Contest and prize fulfillment and may be further publicized as described above.

11.    WIN LIST: For the names of the winners, available after 12/15/23, send a separate, self-addressed, stamped (#10) envelope to: ETSU/Food City Tailgater of the Game Contest Win List, 1 Food City Circle, Abingdon, VA 24212 to be received by 12/18/23.

ADMINISTRATOR: K-VA-T Food Stores, Inc., 1 Food City Circle, Abingdon, VA 24212