2024 Food City and Mtn Dew “ATV” Sweepstakes

Official Rules & Regulations

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. STANDARD MESSAGE AND DATA RATES MAY APPLY. ONLY OPEN TO LEGAL RESIDENTS OF THE U.S. WHO, AT THE TIME OF ENTRY AND PRIZE AWARDING, ARE RESIDING IN AL, GA, KY, TN OR VA AND ARE 18 YEARS OF AGE (19 IN AL) OR OLDER.

1. SWEEPSTAKES PERIOD: Entry into the 2024 Mtn Dew® “ATV” Sweepstakes at Food City (the “Sweepstakes”) begins at 12:00:00 a.m. Eastern Time (“ET”) on March 24, 2024 and ends at 11:59:59 p.m. ET on April 20, 2024 (the “Sweepstakes Period”).

 

2. HOW TO ENTER: During the Sweepstakes Period, you can enter via the following methods:

a. PURCHASE ENTRY: Purchase $15 worth of eligible Mtn Dew® products (the “Qualifying Purchase”) using your Food City ValuCard at a participating Food City retail location in a single transaction between 3/24/24 and 4/20/24 to be automatically entered into the Sweepstakes. All purchase entrants must be a Food City ValuCard holder. If you wish to obtain a free Food City ValuCard, please visit the Food City Customer Service Desk and request an application. Eligible products include Mtn Dew® 20 oz. bottles, 12 oz. can 12-packs, 12 oz. can 24-packs, 7.5 oz. can 10-packs, 16.9 oz. bottle 6-packs and 12 oz. bottle 8-packs, all flavors.

b. NON-PURCHASE ENTRY: To enter without making a purchase, hand-write your complete name (no initials), valid email address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, date of birth (MM/DD/YYYY) and the Keyword “ATV” on a 3”x5” piece of paper (“Mail-In Entry”) and mail it in an envelope with sufficient postage to: Mtn Dew Kayak Sweepstakes at Food City - ENTRY, P.O. Box 941459, Maitland, FL 32794-1459. All Mail-In Entries must be postmarked by April 20, 2024 in order to be eligible. Entrant will receive one (1) entry into the Sweepstakes.

Mail-In Entries must be legibly hand-written. Mechanical reproductions, postage-due, Mail-In Entries mailed in an envelope or sent in excess of the entry limits set forth below will not be accepted. Mail-In Entries received without a verifiable and legible return address will be deemed incomplete and not valid entries. Limit one (1) entry per day regardless of entry method.

 

Regardless of which entry method one uses, there is a limit of one (1) entry per day per person. If more than one entry is received from the same person in one day, all but the first entry will be disqualified. Entries generated by robotic, programmed script, macro, or by other automated means will be disqualified. No other forms of entry are valid other than those set forth above. A “day” is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. (midnight) ET and ending at 11:59:59 p.m. ET. The time clock of the Sweepstakes administrator is the official clock for this Sweepstakes. All entries must be received by 11:59:59 p.m. ET on April 27, 2024 to be included in the drawing.

In the event of a dispute over the correct identity of a potential winner chosen via Purchase Entry submission, it is the position of Food City that the name of the person to whom the Food City Valucard is issued is correct. Food City is not responsible for incomplete or inaccurate member contact information. Entries become the property of Sponsor and will not be returned. Each Purchase Entry submission requires a purchase using a Food City ValuCard; 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 and transmissions from these or related email/IP addresses or wireless phone number may be blocked. Sponsor is not responsible for lost, late, misdirected or incomplete ValuCard member information. Entries not in conformance with these Official Rules may be disqualified in Sponsor’s sole discretion. Sponsor’s decisions on all matters relating to this Sweepstakes are final and binding.

 

3. ELIGIBILITY: You must be a legal U.S. resident residing in Alabama, Georgia, Kentucky, Tennessee or Virginia throughout the Sweepstakes Period and 18 years of age (19 in AL) or older at the time of entry to be eligible to win. The following individuals are ineligible: employees, directors, and officers of K-VA-T Food Stores, Inc. d/b/a Food City, PepsiCo, Inc., Pepsi-Cola Company and its bottlers, and each of their respective parent companies, subsidiaries and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively “Sponsor and Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step” of each) and those living in the same households as such employees et al.

 

4. PRIZE DETAILS:

a. GRAND PRIZE: One (1) Grand Prize will be awarded consisting of a Polaris® MD-OG 2024 RZR® Trail Sport and a $500 gift card to purchase necessary safety gear. Estimated Retail Value (ERV): $16,499.

Polaris ATV Restrictions: Winner is solely responsible for all insurance costs, surcharges, registration, title, and license fees and other costs incurred in claiming, registering or using the vehicle, and operating and maintaining the vehicle. Vehicle includes standard features; any additional options, if available, are winner's responsibility. Interior and exterior color of vehicle is subject to availability and at the sole discretion of the Sponsor. Color, package, factory options, and other prize specifics to be determined by Sponsor and are subject to availability. Sponsor does not make, nor in any manner is responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the vehicle including but not limited to its quality, fitness for purpose or mechanical condition. Vehicle will be delivered solely with the express limited warranties set forth in the vehicle’s Warranty Booklet, which warranties shall run for the term set forth in said Warranty Booklet. The year, make, model or color of any vehicle displayed or pictured in promotional/advertising materials may not be the actual vehicle awarded. Winner will be required to personally retrieve the vehicle from a local dealership or location as determined by Sponsor and at that time will need to provide valid driver's license, proof of insurance/registration and any necessary fees as outlined above. Vehicle delivery/availability may take up to three (3) months. Failure to accept possession of vehicle within thirty (30) days of notification of delivery/availability may result in prize forfeiture.

b. FIRST PRIZES: Five (5) First Prizes will be awarded, each consisting of The North Face® MD-OG Base Camp Duffel. ERV: $174. Total ARV of all prizes: $17,369.

 

5. DRAWING: Potential winners will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period. Odds of winning depend upon the total number of eligible entries received. Drawing will occur on or about April 29, 2024 and will be conducted by an independent judging organization, whose decisions shall be final and binding. All prizes claimed will be awarded. Under no circumstances will Sponsor be obligated to award more prizes than the number advertised within these Official Rules. Unclaimed prizes may not be awarded. Limit one (1) prize per person/address/phone number/household.

 

6. WINNER NOTIFICATION: Potential winners will be notified by email at the email address associated with their entry within approximately three (3) days of the drawing (the “Winner Notification”). The potential prize winner will be required to respond as directed in the Winner Notification within forty-eight (48) hours of Sponsor or its representative sending the Winner Notification, 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 or email address, which may result in a potential winner not receiving the Winner Notification. Once potential winner responds as directed in the Winner Notification, the potential prize winner may be sent a Liability/Publicity Release (where permitted by law) and Affidavit of Eligibility (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 potential winner fails to respond to the Winner Notification as directed within forty-eight (48) hours; (ii) any required Prize Claim Documents are not returned within the indicated number of days; (iii) if winner is otherwise unable to accept the prize as stated, (iv) if winner is determined to be ineligible or not in compliance with these Official Rules, or (v) if Winner Notification, Prize Claim Documents or prize itself is returned as undeliverable, that potential winner will 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 the U.S.

 

7. LIMITATIONS OF LIABILITY: Sponsor and Promotion 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; (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, camera, 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 entrants 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 or from the Website. 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 such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor, such as by way of example and not by way of limitation, in a random drawing from among all eligible, non-suspect entries received up to the time of the impairment, and Sponsor shall not have any further liability to any participant in connection with the Sweepstakes. Sponsor may modify and amend these Official Rules as they may appear online from time to time during the Promotion for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor makes no representations or warranties of any kind concerning the appearance, performance or safety of any prize awarded.

 

8. WINNERS’ RELEASES: By participating in the Sweepstakes, entrants release Sponsor and Promotion Parties, prize suppliers, and each of their parent companies, affiliates, subsidiaries, divisions, advertising/promotion agencies, and all of their respective employees, directors, officers, shareholders, agents, successors and assigned (collectively the “Released Parties”), from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or 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 of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or any typographical or other error in these Official Rules or the announcement or offering of any prize. The winner shall bear all risk of loss or damage to their prize after it has been delivered. The Released Parties make no representations or warranties of any kind concerning the appearance, safety or performance of any prize; except for any express manufacturer’s warranty as may be included with the prize. Except where prohibited by law, winner grants to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known, the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.

 

9. GENERAL CONDITIONS: 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. Prize winner is solely responsible for any and all taxes and related expenses on the prize and may receive an IRS Form 1099 for the ARV of the prize. Unclaimed prize(s) will not be awarded. Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize or any portion of a prize becomes unavailable. 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 at Sponsor’s sole discretion. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winner. Any difference between the stated value of any prize and the actual retail value will not be awarded. Any portion of a prize not accepted by winner will be forfeited. Upon forfeiture for any reason as stated in these Official Rules, no compensation will be given. All federal, state and local laws and regulations apply. Any personal information provided in connection with participation in the Sweepstakes will only be used by Sponsor to notify a potential winner and/or fulfillment of a prize and shall be subject to the Pepsi-Cola Company’s Privacy Policy available at https://contact.pepsico.com/pepsi/privacy-policy. Entrant is also subject to the Privacy Policy of Food City available at https://www.foodcity.com/terms-and-privacy-policy/ if entering via the Food City ValuCard entry method.

 

10. CONDUCT: By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which 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 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 PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY 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 AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

11. WINNERS LIST: For the names of the winners, send a self-addressed, stamped envelope postmarked by May 31 to: Mtn Dew ATV Sweepstakes at Food City Winners List, P.O. Box 940340, Maitland, FL 32794-0340.

 

12. SPONSOR: Pepsi-Cola Company, 7380 W. Sand Lake Dr, #300, Orlando, FL 32819.

 

13. ADMINISTRATOR: PSG, P.O. Box 940340, Maitland, FL 32794-0340. MTN DEW is a registered trademark of PepsiCo, Inc.